MUNICIPAL CLERKS HANDBOOK - Msucares.com

1 MUNICIPAL CLERKS Prepared by:The Mississippi MUNICIPAL CLERKS and Collectors AssociationandThe Mississippi State University Extension ServiceCenter for government and Community DevelopmentHANDBOOKFOREWORD We are pleased to provide this copy of the MUNICIPAL CLERKS HANDBOOK and hope you find it a helpful reference for your office. The MSU Extension Service Center for government and Community Development (GCD) is proud to be a partner with the MUNICIPAL CLERKS and Collectors Association and the International Institute of MUNICIPAL CLERKS in providing this type of resource. We look forward to continuing to work with you to strengthen and expand our educational and certification programs. The Mississippi State University Extension Service s educational outreach programs for MUNICIPAL CLERKS were established more than 40 years ago and have served as a model for other states.

2 Thank you to all the CLERKS and others who have helped review and provide input for this HANDBOOK . Also, thanks to GCD s Janet Baird for her diligent work compiling, fact-checking, and completing all the other tasks that went into publishing this HANDBOOK . Sumner Davis, Head Center for government and Community Development PREFACE The MUNICIPAL clerk is the oldest of public servants in local government . The clerk s profession, along with that of the tax collector, traces back before Biblical times. For example, the modern Hebrew translation of town clerk is Mazkir Ha ir, which means city or town reminder. Before writing came into use, the early keepers of archives were often called remembrancers, as their memories served as the public record.

3 Over the years, the MUNICIPAL clerk has become the hub of government , the direct link between the inhabitants of the community and their government . The clerk is the historian, holding the entire recorded history of the community and its people in his or her care. Depending on the form of government and the size of the municipality, the clerk is also the auditor, bookkeeper, custodian of the MUNICIPAL seal, clerk of the police court, registrar of voters, personnel director, and tax collector. The eminent political scientist Professor William Bennett Munro, writing in 1934 in one of the first textbooks on MUNICIPAL administration, stated: No other office in MUNICIPAL service has so many contacts.

4 It serves the mayor, the city council, the city manager (when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together. There is no single reference for the MUNICIPAL clerk to turn to when questions arise. In 1972, the Mississippi MUNICIPAL CLERKS , Tax Assessors, and Tax Collectors Association, in conjunction with the Mississippi State Cooperative Extension Service, developed the HANDBOOK for Mississippi MUNICIPAL CLERKS , Assessors, and Tax Collectors.

5 The last revision of that HANDBOOK was in 1989. When I became a MUNICIPAL clerk in 1987, that publication became my go-to reference for how to perform the duties of MUNICIPAL clerk . One of my long-range goals when I came to work for the MSU Extension Service in 2008 was to rewrite the HANDBOOK . During the last year, this goal has become a reality: we now have a HANDBOOK for CLERKS to consult when they need help in conducting their official duties. There are many people that I want to thank for their assistance with this publication. First, I want to thank Sumner Davis, head of the MSU Extension Center for government and Community Development, for allowing me to pursue this dream of mine. Also, I appreciate the administration of the Mississippi State University Extension Service for its support in working with municipalities around the state.

6 I offer sincere thanks to the Mississippi MUNICIPAL CLERKS and Collectors Association for their support of this project. The HANDBOOK Committee has been a great resource for content and editing of the HANDBOOK . Committee members include Kathy Johnson, Lucedale; Celia Boren, Tunica; Debbie Bernardo, Hattiesburg; Cathy Clark, Clarksdale; Amelia Wicks, Greenville; Lesa Hardin, Starkville; Suzette Davis, Collins; Donna McKenzie, Columbia; and Raenell Moore, Calhoun City. Thanks also to the Office of the State Auditor, Attorney General s Office, Ethics Commission, Secretary of State s Office, Gary Friedman, Esq., of Phelps Dunbar, LLP, and Debbie Bernardo, Hattiesburg clerk of Council, for allowing me to use materials from their offices.

7 These people have been a great resource to MUNICIPAL CLERKS for many years and have all been willing to teach in the Certification Program for MUNICIPAL CLERKS . Lastly, I want to thank the people of Mississippi municipalities who are involved in MUNICIPAL government , either in an elected position or as an employee or volunteer. Without each of you, municipalities would not be as strong as they are. Responsibility for the final draft of this HANDBOOK , including any errors or shortcomings, falls to the editor. Readers of this publication who discover errors or who have suggestions for improvement are asked to communicate with the editor so that changes can be made when the book is next revised.

8 Respectfully, Janet P. Baird Extension Instructor and Institute Director for the MUNICIPAL clerk Certification Program Center for government & Community Development Mississippi State University Extension Service CONTENTS Part One: MUNICIPAL clerk Chapter 1: Role of MUNICIPAL clerk .. 1 Position Status: Elective or Appointive .. 1 Qualifications .. 2 Deputy CLERKS .. 3 Duties .. 3 Auditor .. 4 Minutes & Seal .. 6 Claims Docket .. 7 MUNICIPAL Docket .. 8 Ordinances .. 8 Ex Officio Treasurer .. 10 Taxes .. 10 MUNICIPAL Court clerk .. 11 Registrar of Voters .. 11 Preserving Public Records.

9 11 Part Two: Board Procedures & Records Chapter 2: Board Proceedings: Agendas/Minutes .. 13 Agenda .. 13 Content .. 13 Consent or Routine Agenda .. 15 Council or Board Meetings .. 16 General Rules .. 16 Types of Meetings .. 18 Meeting Requirements .. 19 Role of the clerk at Meetings .. 20 Minutes .. 21 Content .. 21 Motions .. 23 Corrections to Minutes .. 23 Signature on Minutes .. 23 Certified Copies of Minutes .. 23 Preserving the Minutes .. 24 Ordinances, Resolutions, and Orders .. 24 Ordinances .. 24 Resolutions .. 27 Orders .. 28 Veto of Ordinances, Resolutions, and Orders.

10 28 Chapter 3: Ethics Law .. 31 Section 109, MS Constitution .. 31 MCA 25-4-105(1) .. 32 Relative .. 33 The Contractor Prohibition .. 34 Purchasing Goods or Services .. 35 Purchasing Securities .. 36 Inside Lobbying .. 36 Post- government Employment .. 36 Insider Information .. 37 Advisory Opinions .. 37 The Complaint Procedure .. 37 Confidential Records .. 38 Statement of Economic Interest .. 38 Chapter 4: Open Meetings .. 43 Definitions .. 43 Notices .. 44 Minutes .. 45 Telephonic Meetings .. 45 Executive Sessions .. 45 Enforcement Procedure for Open Meetings .. 46 Open Meetings Cases .. 47 Chapter 5: Public Records.