FROM THE CITY OF BELTON —
The City Council approved a request earlier this year for a Boot Block Charity Fundraiser benefiting MDA to be held on Labor Day Weekend. That decision has not changed. The Boot Block is still scheduled for Labor Day Weekend.
On July 9, 2013, Firefighter Steve Kratofil appeared for a personal appearance before the City Council requesting approval for on duty firemen to work the MDA Charity Boot Block.
In preparation for the meeting the City Attorney was asked if there was any legal issues that would prevent the City from Paying on Duty firefighters for working at the Boot Block. The City Attorney, Aaron March, prior to the July 9th Council Meeting returned his opinion that the provision of Article 6, Section 25 of the Missouri Constitution would prevent the City from paying the firefighters for doing work that uniquely and exclusively benefits MDA. The City Attorney’s opinion further stated that City employees may only be paid in exchange for actual service to the City and that the City Council cannot authorize payment for work without finding there is a legitimate City Service being performed.
The City Attorney’s opinion was available on the Council table during the Council meeting on July 9, 2013. A motion was made by Councilman Al Hoag to approve Mr. Kratofil’s request to allow on duty firemen to work at the MDA fund raiser. The motion died because it did not receive a second from any other Councilmember and no vote was taken. The City Attorney has reviewed opposing opinions from various sources and continues to advise that paying on duty fireman to work the MDA Charity Boot Block would be a violation of the Missouri Constitution. City employees are free to volunteer while off duty to work for the benefit of the MDA charity or any other charity.