As I noted in my commentary Friday, while the petition audit of the City of Joplin, which was released by the Missouri State Auditors' office Thursday is not a condemnation of the way the city is operating, neither is it the glowing report described in the city's press release.
This is the first of a series of reports on numerous concerns cited by the auditors.
The audit criticized the city's use of emergency ordinances as a method of limiting public input. The criticism and the response offered by city officials are posted below.
State Auditors Comment
The City Council limited opportunities for public comment and reduced transparency by presenting 80% of ordinances as emergency ordinances. The city Home Rule Charter over legislative proceedings allows almost anynordinance to be an emergency ordinance.During the fiscal year ended October 31, 2023, 130 of the 162 ordinances discussed in City Council
meetings were emergency ordinances.
According to the Home Rule Charter, Section 2.12, the city may classify an ordinance as an emergency for the following 6 reasons:
• For the immediate preservation of the public peace.
• For an election or to submit a proposal to the citizens.
• To make an appropriation for the payment of public debt, current expenses, or payment of damage claims.
• To make a general appropriation.
• To change a tax rate or assessment.
• To make any public improvement.
When an ordinance is classified as an emergency, the amount of time it takes to pass the bill is reduced and the Home Rule Charter does not require allowance for public comment, limiting the transparency of the action.
meetings were emergency ordinances.
According to the Home Rule Charter, Section 2.12, the city may classify an ordinance as an emergency for the following 6 reasons:
• For the immediate preservation of the public peace.
• For an election or to submit a proposal to the citizens.
• To make an appropriation for the payment of public debt, current expenses, or payment of damage claims.
• To make a general appropriation.
• To change a tax rate or assessment.
• To make any public improvement.
When an ordinance is classified as an emergency, the amount of time it takes to pass the bill is reduced and the Home Rule Charter does not require allowance for public comment, limiting the transparency of the action.
The Home Rule Charter provides "… all bills must be read 3 times before final passage, not more than 2 of which readings shall be in the same legislative session; and at least 1 week shall elapse between the introduction and final passage of the bill …" with the exception of emergency measures which do not require 1 week to elapse and may be voted on at the same meeting where they are heard.
In addition, the Home Rule Charter requires "… prior to the final passage of any bill, other than an emergency bill, all persons interested therein may be heard before the council…."
The City Manager and City Attorney indicated that items are often classified as an "Emergency" when the issue must be expedited for one reason or another. They also stated the Home Rule Charter allows them to pass issues as "Emergencies" as currently defined.
The City Manager and City Attorney indicated that items are often classified as an "Emergency" when the issue must be expedited for one reason or another. They also stated the Home Rule Charter allows them to pass issues as "Emergencies" as currently defined.
While this may be true, not all of the ordinances appeared to require emergency status.
For example, on September 18, 2023, the City Council was presented a bill for an emergency ordinance
to renew the annual agreement for the Women, Infant, and Children (WIC) program. Since this is an annual agreement, it does not appear to need to be handled as an emergency.
According to the Government Finance Officers Association, "The underlying reason for transparency is to help create trust among citizens, government administrators, and elected officials1" and when "… citizens believe that decisions are fact based and take all concerns into consideration, they are more likely to support those decisions. Passing ordinances in the regular process with all required public input would help ensure citizens the City Council is taking their concerns into consideration, provide additional assurance the City Council is fulfilling its fiduciary responsibilities, and could increase public support for Council decisions.
to renew the annual agreement for the Women, Infant, and Children (WIC) program. Since this is an annual agreement, it does not appear to need to be handled as an emergency.
According to the Government Finance Officers Association, "The underlying reason for transparency is to help create trust among citizens, government administrators, and elected officials1" and when "… citizens believe that decisions are fact based and take all concerns into consideration, they are more likely to support those decisions. Passing ordinances in the regular process with all required public input would help ensure citizens the City Council is taking their concerns into consideration, provide additional assurance the City Council is fulfilling its fiduciary responsibilities, and could increase public support for Council decisions.
Recommendation- The City Council should refrain from using emergency ordinances unless necessary.
The city Home Rule Charter is voted on and approved by the citizens of Joplin, and as such, is the law for the city. The State Auditor’s Office has determined in their review of 162 ordinances that the city has fully complied with its charter in passing all of these ordinances. There were no violations of the City Charter or any other ordinance or state statute identified.
The State Auditor’s Office has incorrectly concluded that the city does not allow public comment on emergency ordinances, and because of this the city lacks transparency. The fact is, the city has always allowed public comment on all agenda items at its council meetings. This includes public hearings, emergency ordinances, consent agenda items and first, second, and third reading ordinances.
Joplin city officials' response
Emergency, or expedited ordinances, which may be a better description of what they are, are authorized by the Joplin City Charter, Section 2.12.The city Home Rule Charter is voted on and approved by the citizens of Joplin, and as such, is the law for the city. The State Auditor’s Office has determined in their review of 162 ordinances that the city has fully complied with its charter in passing all of these ordinances. There were no violations of the City Charter or any other ordinance or state statute identified.
The State Auditor’s Office has incorrectly concluded that the city does not allow public comment on emergency ordinances, and because of this the city lacks transparency. The fact is, the city has always allowed public comment on all agenda items at its council meetings. This includes public hearings, emergency ordinances, consent agenda items and first, second, and third reading ordinances.
Complete transparency is given to the citizens on all ordinances the council considers. Agendas are posted on Thursday prior to the Monday night meeting along with all of the ordinances and supporting documentation, which gives the public ample time to review all agenda items. The public can sign up until the start of the council meeting to speak on any agenda item, including emergency ordinances.
The policy and reasoning behind the use of emergency/expedited ordinances is well established. Many cities across the State of Missouri use emergency ordinances and the State Legislature also has an emergency/expedited process for legislation. Across Missouri, emergency ordinances are used for general purchases, approving contracts and abating dangerous conditions. The city uses expedited ordinances in such cases as:
(a) approving contracts with demolition contractors to tear down dangerous buildings in the city that are a danger to the health, safety and welfare of citizens.
(b) passing construction contracts on projects that are budgeted, discussed at budget work sessions and public meetings, publicly bid, that have undergone a bid review and scoring process, and then the contracts are taken to council for approval. Many of these contracts have time sensitive bid pricing items and also need to be completed during the prime construction season.
(c) Federal Government and State of Missouri grant and funding agreements with specific deadlines where the city is an award recipient.
(d) General purchase orders and other appropriations that are budgeted.
With this said, the city strives for transparency and following the election in April of 2024, the City Council asked city staff to limit the use of emergency/expedited ordinances and since then, the city has substantially reduced the number of emergency/expedited ordinances.
As noted during the 2023 audit review period, approximately 80% of ordinances were passed on an expedited basis. Since April of 2024, emergency ordinances have decreased to 40%. Since the city allows citizens to review andaddress any agenda item, along with the noted reduction in emergency
ordinances during 2024 and 2025, the city believes we have implemented the recommendation of the auditor.
ordinances during 2024 and 2025, the city believes we have implemented the recommendation of the auditor.
Auditor's comment
Without the requirement, there is increased opportunity for ordinances to be passed without public input and in a less transparent manner. Additionally, while the city's response identifies some examples of reasonable uses of the emergency ordinance process, the report does not state the use of the process was inappropriate in every instance reviewed, and the examples provided do not justify all 130 instances of its use during the audit period.
6 comments:
DEI mayor spins but takes no responsibility. They love to have “citizen work groups” with predetermined outcomes to say they are listening to the public. In reality, it’s smoke and mirrors to “sell” what they want to do.
Of course they are defending their use of emergency ordinances.
There isn't anyone else to blame.
They did it!
The voters of Joplin might pay more attention to things like this if the well loved Joplin Blasters weren't in the playoffs every year.
They'll have to sell more bonds and expand Joe Becker again if this keeps up!
3 grand slams and a no hitter!
So much winning.
The audit smells like poop like council and mayor are running from the problems they have made
That’s a wild thing to say on here. You misunderstand DEI. Or you are just a racist. The Mayor was elected by the people to serve on the city council, and the city council elected him to be mayor. There was no DEI involved as there was no hiring involved.
Some people think this is new but Joplin has had issues with city government for decades (et. Jon Tupper 2006, Mike Woolston and Mark Rohr 2013). Only the old heads remember the issues in the 80s and 90s but they were bad too. Just the way Memorial Hall sat rotting shows how much the good old boys in charge don't care about Joplin or it's Citizens
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