Town Clerk
   HOME

TheInfoList



OR:

A clerk is a senior official of many municipal governments in the English-speaking world. In some communities, including most in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, 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 they work 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. 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, 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 Ancient Greece ( el, Ἑλλάς, Hellás) was a northeastern Mediterranean civilization, existing from the Greek Dark Ages of the 12th–9th centuries BC to the end of classical antiquity ( AD 600), that comprised a loose collection of cult ...
there were secretaries for each
polis ''Polis'' (, ; grc-gre, πόλις, ), plural ''poleis'' (, , ), literally means "city" in Greek. In Ancient Greece, it originally referred to an administrative and religious city center, as distinct from the rest of the city. Later, it also ...
who read official documents publicly and at the opening of a meeting read public
curse A curse (also called an imprecation, malediction, execration, malison, anathema, or commination) is any expressed wish that some form of adversity or misfortune will befall or attach to one or more persons, a place, or an object. In particular, ...
s. 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. The colony at Plymouth appointed a person to act as a recorder.


Australia

In
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, 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 FOI Head for the purposes of Freedom of Information (FOI) requests. 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 Community Charter legislation.


New Zealand

In
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, for over a century, the chief administrative officer of a city or borough was also legally designated the Town Clerk. This continued until the 1970s, when the city and
county A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
administrative procedures were largely merged and the
Local Government Act 1974 The Local Government Act 1974 of New Zealand consolidated the previous law relating to local government that applied to territorial local authorities, regional and district council bodies in New Zealand. The Act made provision for the establi ...
declared that every such person (along with his or her rural counterpart, the county clerk) should henceforth be styled the "Chief Administrative Officer". The
Local Government Act 2002 The Local Government Act 2002 (sometimes known by its acronym, LGA) is an Act of New Zealand's Parliament that defines local government in New Zealand. There are 73 territorial authorities (local districts), each with an elected Mayor and elec ...
changed the title again, this time to Chief Executive.


United Kingdom

In the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, the town clerk is the senior administrative officer of the city, borough or town, usually the most senior salaried employee of the council. In most
unitary authorities A unitary authority is a local authority responsible for all local government functions within its area or performing additional functions that elsewhere are usually performed by a higher level of sub-national government or the national governme ...
the town clerk has now been renamed the
chief executive A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
, although the original name is retained in most smaller towns. The town clerks of the larger
county borough County borough is a term introduced in 1889 in the United Kingdom of Great Britain and Ireland, to refer to a borough or a city independent of county council control, similar to the unitary authorities created since the 1990s. An equivalent ter ...
s frequently received knighthoods, and the chief executives of large authorities sometimes still do. The equivalent officer in
counties A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
and districts was the clerk to the council (now also designated chief executive) and in (non-town) parishes is the parish clerk, usually part-time, but still a paid official, whose main responsibility is the administration and minuting of parish council meetings and parish council finance. The
Town Clerk of London The Town Clerk of London is an important position that has existed since the 13th century in the City of London, England. Originally the role was to take the minutes of London council meetings, but over the years the holder's role has gathered re ...
is an important executive position with a staff and significant budget. 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 A fellow is a concept whose exact meaning depends on context. In learned or professional societies, it refers to a privileged member who is specially elected in recognition of their work and achievements. Within the context of higher education ...
and gentleman-commoners in the ancient universities of Oxford and Cambridge. The town clerk may also wear a
wig A wig is a head or hair accessory made from human hair, animal hair, or synthetic fiber. The word wig is short for periwig, which makes its earliest known appearance in the English language in William Shakespeare's ''The Two Gentlemen of Verona' ...
similar to that of
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
s. However, many Town Clerks will not wear ceremonial dress as the role has been modernised in many towns across the United Kingdom. The Professional Body for Town Clerks in the United Kingdom is the
Society of Local Council Clerks The Society of Local Council Clerks (SLCC) is the professional body for Local Council Clerks. As of 2017, it represents the Clerks to over 5,000 councils. History The SLCC was formed in 1972 at a side meeting held during the National Associati ...
whom represent over 5000 Clerks across the country. The President of the SLCC is
Linda Larter Linda may refer to: As a name * Linda (given name), a female given name (including a list of people and fictional characters so named) * Linda (singer) (born 1977), stage name of Svetlana Geiman, a Russian singer * Anita Linda (born Alice Lake ...
MBE Mbe may refer to: * Mbé, a town in the Republic of the Congo * Mbe Mountains Community Forest, in Nigeria * Mbe language, a language of Nigeria * Mbe' language, language of Cameroon * ''mbe'', ISO 639 code for the extinct Molala language Molal ...
along with Chairman Michael King.


United States

In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, the clerk often serves as the official keeper of the municipal records, and as such, is sometimes described as the "historian" of the community. Sometimes the Clerk's Office includes presenting the
agenda Agenda may refer to: Information management * Agenda (meeting), points to be discussed and acted upon, displayed as a list * Political agenda, the set of goals of an ideological group * Lotus Agenda, a DOS-based personal information manager * Pers ...
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, overseeing local elections, maintaining financial records, serving as registrar of vital statistics, and increasingly, for assuring the transparency of the municipality's conduct of business.


California

In
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, 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 Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
, clerks may also exist on the ''
township A township is a kind of human settlement or administrative subdivision, with its meaning varying in different countries. Although the term is occasionally associated with an urban area, that tends to be an exception to the rule. In Australia, Ca ...
'' level, which is a subdivision of the county. Such clerks are sometimes required to serve more than one governmental unit, due to the often overlapping jurisdictions that exist in Illinois.


Massachusetts

In
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
, the Town Clerk is the chief election official of a
town A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an ori ...
and the keeper of permanent and
vital record Vital records are records of life events kept under governmental authority, including birth certificates, marriage licenses (or marriage certificates), separation agreements, divorce certificates or divorce party and death certificates. In som ...
s. 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 Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire. As ...
at age 70, after which they may remain in office if they run for successive terms.


New Jersey

In
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
, as provided for in
Constitution of New Jersey The Constitution of the State of New Jersey is the Constitution, basic governing document of the U.S. state, State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they wer ...
(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. 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.


New York

New York state New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. stat ...
law provides for elected
Town A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an ori ...
and County Clerks who have separately defined responsibilities. (Under Article XIII, §13(a) of the
New York Constitution The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constitut ...
, the County Clerks within
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
are not elected, but instead "shall be appointed, and be subject to removal, by the appellate division of the supreme court in the judicial department in which the county is located.") 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.


West Virginia

The
West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the B ...
Code provides for an elected recorder in Class IV towns (those with fewer than 2,000 people) and in some larger municipalities. By default, recorders act as
mayor pro tem ''Pro tempore'' (), abbreviated ''pro tem'' or ''p.t.'', is a Latin phrase which best translates to "for the time being" in English. This phrase is often used to describe a person who acts as a ''locum tenens'' (placeholder) in the absence of ...
of the municipal government in the absence of the actual mayor. Recorders also serve as members of and secretary to the city or town council, as well as
recorder of deeds Recorder of deeds or deeds registry is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights over ...
,
archivist An archivist is an information professional who assesses, collects, organizes, preserves, maintains control over, and provides access to Document, records and archives determined to have long-term value. The records maintained by an archivist c ...
, 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.


See also

*
Recorder of deeds Recorder of deeds or deeds registry is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights over ...


References

{{DEFAULTSORT:Clerk (Municipal Official) Local government in Australia Local government in Canada Local government in the United Kingdom Local government in New Zealand Government occupations Local government in the United States Management occupations