Municipal clerk: Difference between revisions

A '''clerk''' (pronounced f"clark" u/klɑːk/ cin k[[British English|British]] and [[Australian English|Australian]]<ref>Macquarie Dictionary (online) this'clerk', see https://www.macquariedictionary.com.au/features/word/search/?search_word_type=Dictionary&word=clerk</ref> English) is a senior official of many [[municipal government]]s in the English-speaking world. In some communities, including most in the [[United States]], the position is elected, but in many others, the clerk is appointed to their post. In the UK, a town or parish clerk is appointed by the town or parish council members. In almost all cases, the actual title of the clerk reflects the type of municipality hethey or she workswork for,; thus, instead of simply being known as the ''clerk'', the position is generally referred to as the '''town clerk''', '''township clerk''', '''city clerk''', '''village clerk''', '''borough clerk''', '''board secretary''', or '''county clerk'''. Other titles also exist, such as '''recorder''' and '''corporate officer.''' The office has existed for centuries, though in some places it is now being merged with other positions.

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,<ref name="justia1">{{cite web|url=http://law.justia.com/codes/wisconsin/2010/60/60.33.html |title=60.33 Duties of town clerk. :: Chapter 60. Towns. :: 2010 Wisconsin Code :: Wisconsin Code :: US Codes and Statutes :: US Law :: Justia |publisher=Law.justia.com |access-date= |accessdate=2011-07-10}}</ref><ref>{{cite web|last=Reiter |first=Michael |url=http://michaelreiterlaw.wordpress.com/2011/06/03/duties-of-the-city-clerk-under-california-law-in-a-general-law-california-cityornia-law/ |title=Duties of the City Clerk Under California Law In a General Law California City « Michael Reiter, Attorney at Law Blog |publisher=Michaelreiterlaw.wordpress.com |date=2011-06-03 |accessdateaccess-date=2011-07-10}}</ref> but in other states, each municipality decides for itself what role the clerk plays.

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 [[curse]]s.<ref>{{cite book|url=https://books.google.com/books?id=WeHPGhIfgrYC |title=Literacy and orality in ancient Greece - Google Books |publisherdate=Books.google.com 25 September 1992|dateisbn=9780521377423 |accessdateaccess-date=2011-07-10|last1=Thomas |first1=Rosalind |publisher=Cambridge University Press }}</ref> 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.<ref>{{cite web|url=http://westerly.govoffice.com/index.asp?Type=B_BASIC&SEC={66DF58E6-9381-4FD9-B6DB-6B7EE81794FD} |title=TOWN CLERK - WESTERLY, Rhode Island |publisher=Westerly.govoffice.com |access-date= |accessdate=2011-07-10}}</ref> The colony at Plymouth appointed a person to act as a recorder.

In [[New South Wales]] state, for over a century, the chief administrative officer of a city or borough was also legally designated the Towntown Clerkclerk. This continued until 1993, when the [[NSW Local Government Act 1993]] was passed and the Officerofficer became called the 'Generalgeneral Managermanager of the Locallocal Councilcouncil/Shireshire'.

On ceremonial occasions, thesome town clerkclerks will wearswear 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 wearswear a [[wig]] similar to that of [[barrister]]s. However, many town clerks will not wear ceremonial dress as the role has been modernised in many towns across the United Kingdom.<ref>{{cite web|url=http://www.civicrobes.com/Pages/Robes/Civic/Civic.htm |title=Michaels Civic Robes |publisher=Civicrobes.com |access-date= |accessdate=2011-07-10}}</ref><ref>{{cite web|url=https://www.eveshamtowncouncil.gov.uk/evesham-town-mayor/mayor-of-evesham-history.html|title=Mayor of Evesham Regalia|publisherwebsite=https://www.eveshamtowncouncil.gov.uuk|access-date= |accessdate=2019-07-12}}</ref>

Clerks may also be responsible for issuing licenses,<ref>{{cite web|url=http://www.memun.org/SchoolsProject/Resources/officials/town_clerk.htm |title=Town Clerk, job description |publisher=Memun.org |access-date= |accessdate=2011-07-10}}</ref> overseeing local elections,<ref>{{cite web |url=http://www.ci.milton.de.us/media/Town_Clerk.pdf |title=Milton, Delaware, Town Clerk job description |publisher= |access-date= |accessdate=2011-07-10 |archive-url=https://web.archive.org/web/20111003161359/http://www.ci.milton.de.us/media/Town_Clerk.pdf |archive-date=2011-10-03 |url-status=dead }}</ref> maintaining financial records,<ref name="justia1"/> serving as registrar of vital statistics,<ref>{{cite web|url=http://www.brantny.com/departments/clerk.php |title=Town of Brant New York |publisher=Brantny.com |access-date= |accessdate=2011-07-10}}</ref> and increasingly, for assuring the transparency of the municipality's conduct of business.<ref name="City Clerk"/><ref>{{cite web|last=Louise |first=Sarah |url=http://www.chicagoreader.com/chicago/technology-for-transparency/Content?oid=1103071 |title=Technology for Transparency &#124; Our Town |date=26 February 2009 |publisher=Chicago Reader |access-date= |accessdate=2011-07-10}}</ref>

In [[California]], the Citycity Clerkclerk 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 Citycity Clerkclerk acts as a compliance officer for federal, state, and local statutes including the Political Reform Act, the Brown Act, and the [[California Public Records Act|Public Records Act]]. The Citycity Clerkclerk manages public inquiries and relationships and arranges for ceremonial and official functions.

In [[Illinois]], clerks may also exist on the ''[[Civil township|township]]'' level, which is a subdivision of the county. Such clerks are sometimes required to serve more than one governmental unit,<ref>{{cite web|url=http://dekalbtownship.com/board/clerks-duties/ |title=Clerk’sClerk's Duties :: DeKalb Township, Illinois |publisher=Dekalbtownship.com |access-date= |accessdate=2011-07-10}}</ref> due to the often overlapping jurisdictions that exist in Illinois.

In [[Massachusetts]], the Towntown Clerkclerk is the chief election official of a [[New England town|town]] and the keeper of permanent and [[vital record]]s. The duties of Towntown Clerksclerks 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.

In [[New Jersey]], as provided for in the [[Constitution of New Jersey]] (1947), there are three elected [[State constitutional officer|constitutional officers]] in each county: the Sheriffsheriff, the Surrogatesurrogate, and the Countycounty Clerkclerk, the last of whose term is five years.<ref>{{Cite web|url=https://www.nj.gov/state/archives/docconst47.html|title = New Jersey Department of State}}</ref> The Countycounty Clerkclerk 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.<ref>[https://www.coanj.com/clerks_history2history/clerks/ History of the County Clerk's Office], Constitutional Officers Association of New Jersey. Accessed February 24, 2022.php</ref>

[[New York state]] law provides for elected [[Town (New York)|Towntown]] and Countycounty Clerksclerks who have separately defined responsibilities. (Under Article XIII, §13(a) of the [[New York Constitution]], the Countycounty Clerksclerks within [[New York City]] are not elected, but instead "shall be appointed, and be subject to removal, by the [[New York Supreme Court, Appellate Division|appellate division of the supreme court]] in the judicial department in which the county is located."<ref>{{cite web|title=Constitution of The State of New York, Article 13 - Public Officers|url=https://www.dos.ny.gov/info/constitution/article_13_public_officers.html|website=New York State Department of State|accessdateaccess-date=5 January 2018|language=en}}</ref>) For example, marriage licenses and dog licenses are issued by town clerks while business certificates and real property deeds are maintained by county clerks. Appointed historians are also required at each level. City clerks may administer elections but, outside cities, county election commissioners head the election apparatus.

The [[West Virginia]] Code provides for an elected '''recorder''' in Class IV towns (those with fewer than 2,000 people) and in some larger municipalities.<ref>{{cite web|url=http://code.wvlegislature.gov/8-5-7/ |title=West Virginia Code §8-5-7. Certain officers; wards or election districts; residency and other requirements. |publisher=West Virginia Legislature |access-date= |accessdate=2018-05-24}}</ref> By default, recorders act as [[Pro_temporePro tempore#Mayor_pro_temMayor pro tem|mayor pro tem]] of the municipal government in the absence of the actual mayor.<ref>{{cite web|url=http://code.wvlegislature.gov/8-10-3/ |title=West Virginia Code §8-10-3. Powers and duties of recorder. |publisher=West Virginia Legislature |access-date= |accessdate=2018-05-24}}</ref> Recorders also serve as members of and secretary to the city or town [[City_councilCity council|council]], as well as [[recorder of deeds]], [[archivist]], and municipal supervisor of elections. In some smaller towns' governments, recorders additionally fill the role of financial officer. Many municipalities delegate some or all of these duties to an employee with the title of city or town clerk, while others may divide them between the recorder and the clerk. The recorder or clerk may even have authority by ordinance to issue warrants for arrest, although this power normally resides in a municipal judge.<ref>{{cite web|url=http://code.wvlegislature.gov/8-10-4/ |title=West Virginia Code §8-10-4. Powers and duties of recorder or clerk relating to warrants, oaths, sureties and bonds. |publisher=West Virginia Legislature |access-date= |accessdate=2018-05-24}}</ref>

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[[Category:City and town clerks| ]]