Municipal clerk
A clerk (pronounced "clark" in
The duties of a municipal clerk vary even more than their titles. In the United Kingdom, a clerk is generally responsible for a local council (town or parish). Particularly in the United States, it is difficult to fully describe a clerk's duties, because there are hundreds of different jobs a clerk may fulfill. In some U.S. states, there are provisions in the state constitutions delineating the clerk's duties,[2][3] but in other states, each municipality decides for itself what role the clerk plays.
History
The origins of the position of clerk are unclear. In ancient Greece there were secretaries for each polis who read official documents publicly and at the opening of a meeting read public curses.[4] The early keepers of the archives were often called remembrancers, and before writing came into use, their memory was public record. When the early colonists came to America, one of the first offices established was that of clerk.[5] The colony at Plymouth appointed a person to act as a recorder.
Australia
In New South Wales, for over a century, the chief administrative officer of a city or borough was also legally designated the town clerk. This continued until 1993, when the NSW Local Government Act 1993 was passed and the officer became called the 'general manager of the local council/shire'.
Canada
All Canadian local governments will have a position in their organization responsible for the duties of the clerk, working closely with other statutory positions, including the chief administrative officer and chief financial officer. Clerks are not elected in Canada, and are apolitical. This is an important measure, considering many Canadian clerks are tasked with the duty of administering local elections.
Provincial legislation lays out the key duties of the clerk, and can vary from province to province, but often includes the following:
- ensuring the accurate taking of council minutes/recording of the decisions of council;
- ensuring the public is provided with access to local government records;
- certifying copies of bylaws and resolutions of council;
- administering oaths and affidavits; and
- keeping of the corporate seal.
Many clerks also act as a government's Freedom of Information (FOI) head for the purposes of FOI requests.
In Ontario, the clerk issues marriage licences and burial permits, and registers deaths on behalf of the provincial government. They also are authorized to perform civil weddings.
Title of the clerk may vary from local government to local government. In British Columbia, the clerk is often referred to as the corporate officer of the municipal government, as established in that province's
New Zealand
In
The Local Government Act 2002 changed the title again, this time to chief executive.
United Kingdom
In the
On ceremonial occasions, some town clerks will wear a gown of black silk ottoman/grosgrain of the lay pattern with panel sleeves and a flap collar. The gown is trimmed with rows of braid and tassels. This gown is similar to the gown of undergraduate fellow and gentleman-commoners in the ancient universities of Oxford and Cambridge. The town clerk may also wear a wig similar to that of barristers. However, many town clerks will not wear ceremonial dress as the role has been modernised in many towns across the United Kingdom.[6][7]
The professional body for town clerks in the United Kingdom is the Society of Local Council Clerks, who represent over 5000 clerks across the country. The president of the SLCC is [Malcolm Nicholson] along with chairman Michael King.
United States
In the United States, the clerk often serves as the official keeper of the municipal records, and as such, is sometimes described as the "historian" of the community.[8] Sometimes the clerk's office includes presenting the agenda and minutes for the legislative and committee meetings. Official meetings of municipalities can become a serious chore as the activity in the town increases with a larger population. The task of assembling the agenda packets with supporting documents can take several days for a single meeting. It becomes more complicated due to the input and iterative modification by numerous departments and agencies, both within and external to the organization. Software applications that can easily assemble agendas, minutes, and even automatically transcribe the meetings are now becoming more common. Often, these agendas and meeting minutes are downloadable by interested citizens by accessing the organization's website.
Clerks may also be responsible for issuing licenses,[9] overseeing local elections,[10] maintaining financial records,[2] serving as registrar of vital statistics,[11] and increasingly, for assuring the transparency of the municipality's conduct of business.[8][12]
California
In California, the city clerk is the local official who administers democratic processes such as elections, access to city records, and all legislative actions ensuring transparency to the public. The city clerk acts as a compliance officer for federal, state, and local statutes including the Political Reform Act, the Brown Act, and the Public Records Act. The city clerk manages public inquiries and relationships and arranges for ceremonial and official functions.
Illinois
In Illinois, clerks may also exist on the township level, which is a subdivision of the county. Such clerks are sometimes required to serve more than one governmental unit,[13] due to the often overlapping jurisdictions that exist in Illinois.
Massachusetts
In Massachusetts, the town clerk is the chief election official of a town and the keeper of permanent and vital records. The duties of town clerks vary slightly in each community. Massachusetts clerks who have been in office five or more years may be elected by special ballot initiative to a lifetime term with mandatory retirement at age 70, after which they may remain in office if they run for successive terms.
New Jersey
In New Jersey, as provided for in the Constitution of New Jersey (1947), there are three elected constitutional officers in each county: the sheriff, the surrogate, and the county clerk, the last of whose term is five years.[14] The county clerk is responsible the supervision of elections, the filing and recording of all documents in real estate ownership/transfer, the processing passport applications, assisting individuals who wish to become a notary public, the issuance of identification cards, the filing of business trade names, among other administrative duties.[15]
New York
West Virginia
The
Switzerland
In Switzerland, the communal secretary, either alone or with subordinate clerks, performs all administrative work that does not require the powers of the elected municipal council.
See also
References
- ^ Macquarie Dictionary (online) 'clerk', see https://www.macquariedictionary.com.au/features/word/search/?search_word_type=Dictionary&word=clerk
- ^ a b "60.33 Duties of town clerk. :: Chapter 60. Towns. :: 2010 Wisconsin Code :: Wisconsin Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved 2011-07-10.
- ^ Reiter, Michael (2011-06-03). "Duties of the City Clerk Under California Law In a General Law California City « Michael Reiter, Attorney at Law Blog". Michaelreiterlaw.wordpress.com. Retrieved 2011-07-10.
- ISBN 9780521377423. Retrieved 2011-07-10.
- ^ "TOWN CLERK - WESTERLY, Rhode Island". Westerly.govoffice.com. Retrieved 2011-07-10.
- ^ "Michaels Civic Robes". Civicrobes.com. Retrieved 2011-07-10.
- ^ "Mayor of Evesham Regalia". www.eveshamtowncouncil.gov.uk. Retrieved 2019-07-12.
- ^ a b "City Clerk". cityofcarlsbadnm.com. Retrieved 2011-07-10.
- ^ "Town Clerk, job description". Memun.org. Retrieved 2011-07-10.
- ^ "Milton, Delaware, Town Clerk job description" (PDF). Archived from the original (PDF) on 2011-10-03. Retrieved 2011-07-10.
- ^ "Town of Brant New York". Brantny.com. Retrieved 2011-07-10.
- ^ Louise, Sarah (26 February 2009). "Technology for Transparency | Our Town". Chicago Reader. Retrieved 2011-07-10.
- ^ "Clerk's Duties :: DeKalb Township, Illinois". Dekalbtownship.com. Retrieved 2011-07-10.
- ^ "New Jersey Department of State".
- ^ History of the County Clerk's Office, Constitutional Officers Association of New Jersey. Accessed February 24, 2022.
- ^ "Constitution of The State of New York, Article 13 - Public Officers". New York State Department of State. Retrieved 5 January 2018.
- ^ "West Virginia Code §8-5-7. Certain officers; wards or election districts; residency and other requirements". West Virginia Legislature. Retrieved 2018-05-24.
- ^ "West Virginia Code §8-10-3. Powers and duties of recorder". West Virginia Legislature. Retrieved 2018-05-24.
- ^ "West Virginia Code §8-10-4. Powers and duties of recorder or clerk relating to warrants, oaths, sureties and bonds". West Virginia Legislature. Retrieved 2018-05-24.