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9/13/2013
The Municipal Clerk: A Professional Overview
2013 FACC Professional Education Academy
Chevelle D. Nubin, MMC
City of Delray Beach
Sample Mission Statements
"To Cultivate a Professional and
Caring Environment for
Our Customers, Co‐Workers and
Our Community so that in Effectively Working Together
We can Achieve Excellence."
The mission of the City Clerk’s Office is to facilitate
the City Commission’s Official Meetings and Board/Commission Appointments; to manage and
preserve the official records of the City; to assist the
public in accessing public documents and information;
to conduct all elections held in the City; to register voters; to license businesses that are governed by the City Ordinance/State law; and to provide these services in a manner that is high quality, efficient, fair and courteous.
Mission Con’t
The staff of the City of _____ City Clerk’s Office is committed to accurately recording and preserving the City’s history; serving the public impartially and with great care; providing open and easy access to public records; compassionately participating in the sale of cemetery lots, efficiently administering City elections, and communicating all appropriate information and notices to the citizens of_____, _____City Council, City Boards and City Staff. 1
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Origin / History
The municipal clerk, along with the tax collector, is the oldest
of public servants.
The office can be traced to biblical times and even before.
Ancient Greece had a city secretary who read official
documents publicly. At the opening of a meeting, one of his
duties was to read a curse upon anyone who should seek to
deceive people. 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. In the United States,
a City Clerk is an elected or appointed official who is
responsible as the official keeper of the municipal records. In
some places, the City Clerk may be known as the "Village
Clerk" or "Town Clerk".
Your City History
Clerks help others discover their past:
• Maintain municipal records with historical or archival value
• Provide educational and cultural events
• Encourage historical awareness
• Enhance cultural significance of memorabilia and artifacts
Charter
Early Minutes
Code of Ordinances
Archives
Local Historical Societies
Charter Officers & Gov’t Structure
Generally, most municipalities have 3 Charter Officers.
City Manager
City Clerk
City Attorney
Forms of Municipal Government
Council / Weak Mayor
Council / Strong Mayor
Commission
Council / Manager
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Who do you work for?
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•
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Elected Officials
Manager
Attorney
Municipal Staff
Other Departments
RESIDENTS !!!
Types of Meetings
•
•
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•
•
•
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Regular Workshops
Special
Emergency
Attorney Client Sessions
Executive Sessions (Shade)
Boards and Committees
Public Interaction
at Meetings
Public input is essential to the governmental process
• Formalize rules of conduct
– Council can limit speaker time
•
•
•
•
Provide copies of agenda to public
Have Public and Media packets available containing full backup
Provide access to agenda / backup / minutes, etc. on Internet
Initiate public comment cards
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Clerk Interaction at Meetings
• Read back motions if necessary
• Ask for clarification
• Remain professional and courteous
Roles and
Responsibilities
“What do I do?”
In most cases, our duties and responsibilities are
set in the Charter and in some cases by Ordinance.
• Appointed
• Elected
Agendas
•
Format
• Clean ‐ create a template
• Consistent font style
• Limit abbreviations
•
Content
• Call to Order / Roll Call / Pledge / Approval of Agenda / Consent Agenda / Old Business / New Business / Standing Reports / Any Other Matters / Adjournment
•
Process
• Create an Agenda Procedure Manual • Agenda item routing sheet
• Deadline list
• Review last meeting minutes for items deferred or postponed / ordinances for 2nd
reading
• Initiate communication with department heads and staff for agenda items
• Work with Manager / Manager review and sign off prior to distribution
• Distribute with ample time for Council to review and ask questions
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Minutes
“Actions speak louder than words” Minutes
•
PURPOSE:
Most Municipalities are governed by fixed rules of law. Therefore,
and accurate, clear record of all proceedings must be kept to demonstrate that the
City Council/City Commission has complied with the law or rules by which it is
governed.
City Clerks are specifically required to keep a record or minutes of the
Council meetings (per Charter/Florida Statutes).
•
g
items should be
FORM AND CONTENT OF MEETING MINUTES:
Agenda
identified in the minutes and follow the order of the agenda. The minutes should
also contain the date, hour, place and type of meeting as will as council/staff
members that were present or absent.
•
The Body of Minutes: Should contain all motions, the maker and seconder of
motions, all points of order and the disposition of the motion. Remember,
minutes are a record of actions taken. The minutes should be approved by the
council as it lends further weight to the accuracy and completeness of the record.
They are considered official minutes once approved by the council.
Ordinance vs. Resolution
Should an Ordinance or Resolution be presented?
1 A
1.
Are you establishing law?
bli hi l ?
or
2. Are you setting policy?
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Ordinances
Set Municipal Law
• Format
• Ordinance Number
• Title (summarizes changes)
• Body
– Whereas Clause – state purpose and background of item
– Ordaining Clause –
Ordaining Cla se required and placed before items that are req ired and placed before items that are
intended to be made law – Sections – Provide easy reference for readers and readability; should be short Whereas Clause – state purpose and background of item
– Severability Clause – details how Ordinance can be severed
• Process of Approval
• Two Readings (first and second)
• Legal Advertising
• Read by Title (F.S. 166.041)
• Public Hearing
– Severability Clause – details how Ordinance can be severed
Examples
ORDINANCE NO. 11‐13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
EMPLOYEE POLICIES AND BENEFITS
BENEFITS”, SECTION,
SECTION “35
35.105,
105
“EMPLOYEE
“ADMINISTRATION
BY
RETIREMENT
COMMITTEE",
SUBSECTION (C) “ACTION BY COMMITTEE”, TO REMOVE THE
REQUIREMENT THAT THE CITY COMMISSION MUST APPROVE
CHANGES TO THE INVESTMENT POLICY AS ADOPTED BY THE
COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Examples
ORDINANCE NO. 25‐13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE
AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR
CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2014;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
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Examples
Whereas Clause ‐
WHEREAS, the Retirement Committee periodically wishes to make changes to its written investment policy in order to address market conditions; and
Ordain Clause ‐
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section Clause –
Section 1.
That Chapter 35, “Employee Policies and Benefits”, Section
35.105, “Administration by Retirement Committee”, Subsection (C) “Action
by Committee”, of the Code of Ordinances of the City of Delray Beach is
hereby amended to read as follows:
Resolutions
Set Municipal Policy – Matters of Administration
• Format
• Resolution Number
• Title (summarizes item)
• Body
– Whereas Clause –
Whereas Clause – state purpose and background of item
state purpose and background of item
– Resolve Clause
– Sections – Provide easy reference for readers and readability; should be short
– Severability Clause – details how Resolution can be severed
• Process of Approval
• Generally advertising is not required (check with legal)
• Does not require two readings
• Does not require title read
• Approved by Council vote
Examples
RESOLUTION NO. 36‐13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA PROVIDING IT’S SUPPORT FOR THE
CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND ITS
ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE
LOCAL MATCH; PROVIDING FOR AN EFFECTIVE DATE.
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Examples
Whereas Clause –
WHEREAS, the City Commission of the City of Delray Beach
continues to support the City of Delray Beach’s renourishment
project regarding its beaches; and
Resolve Clause –
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section Clause –
Section 1.
That the City of Delray Beach is providing its
support for the City of Delray Beach renourishment project and
affirms it’s ability to provide the necessary local match for its
funding request through an interlocal agreement with Palm Beach
County.
Agreements
Work with your legal department to ensure all agreements are legally sufficient. Ensure the signature page contains appropriate information:
– Mayor / Manager Signature line (the person who has been tasked by your entity to sign)
– Clerk Signature – Attest line
– Attorney Signature
– Date
– Work with staff to ensure they provide you the correct number of originals to be executed after approval
Public Records
Definition
Section 119.011(12), F.S., defines "public records" to include:
all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form,
characteristics,
h
i i or means off transmission,
i i
made
d or received
i d
pursuant to law or ordinance or in connection with the
transaction of official business by any agency.
All materials made or received by an agency in connection
with official business which are used to perpetuate,
communicate or formalize knowledge.
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Public Records Con’t
•
•
Examples
– Minutes
– Audio Recordings
– Anonymous letters
– Travel plans
– Draft documents
– Personnel Files
‐ Memos
‐ Email
‐ Salary records / cell phone records
‐ Calendar
‐ Redacted Police Reports
‐ Budgets
Exemptions
– Exam questions
– SS numbers (in certain cases)
– Sealed Bids (for a specific time period)
– Internal Affairs Investigation
– Police / Fire / Code Enforcement / HR Home addresses
– List of exemptions can be found at http://www.floridafaf.org
– May not be all inclusive
Record Requests
Law ‐ F.S. 119.07 (1)
•
Reasonable
(a) Every person who has custody of a public record shall permit the record to be inspected and copied by
any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision
by the custodian of the public records.
•
Liaison
(b) A custodian of public records or a person having custody of public records may designate another
officer or employee of the agency to permit the inspection and copying of public records,
records but must
disclose the identity of the designee to the person requesting to inspect or copy public records.
•
Acknowledgment
(c) A custodian of public records and his or her designee must acknowledge requests to inspect or copy
records promptly and respond to such requests in good faith. A good faith response includes making
reasonable efforts to determine from other officers or employees within the agency whether such a
record exists and, if so, the location at which the record can be accessed.
•
Exemptions
(d) A person who has custody of a public record who asserts that an exemption applies to a part of such
record shall redact that portion of the record to which an exemption has been asserted and validly applies,
and such person shall produce the remainder of such record for inspection and copying.
You cannot require a requestor to place their request in writing or provide you their name
Sunshine Law
Q. What is the Sunshine Law? A. Provides right of access to governmental proceedings. Applies to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action. Virtually all state and local collegial public bodies are covered by the open meetings requirements
open meetings requirements.
Q. What are the requirements of the Sunshine law? A. The Sunshine law requires that:
1) meetings of boards or commissions must be open to the public; 2) reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken (F.S. 286.011).
http://myfloridalegal.com/sunshine
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Do you sometimes feel…
…That they are ALL coming after you ‐
i
ft
f
for your help…
Records Management
• Schedules
• GS1‐SL – General Records Schedule
• GS3 – Elections
• GS2 – Law Enforcement
• GS8 –
GS8 Fire Department
Fire Department
• GS14 – Public Utilities
• The retention periods set forth in the general records schedules are based on federal and state laws and regulations, general administrative practices, and fiscal management principles. Please note that these are minimum retention periods; public agencies may retain their records longer at their discretion.
Records Management Con’t
•
Disposition
– F.S. 257.36(6)
"A public record may be destroyed or otherwise disposed of only in
accordance with retention schedules established by the division.”
– Records Disposition Documentation ‐ Agencies must maintain internal
documentation of records disposition including retention schedule number,
retention schedule item number,
number records series title,
title inclusive dates,
dates and
volume (in cubic feet) of records destroyed. A form titled Records Disposition
Document, which is recommended for use in documenting records disposition,
is
available
on
the
Records
Management
Web
site
at
http://dlis.dos.state.fl.us/recordsmgmt/publications.cfm.
Agencies must
maintain this documentation as a permanent record, but should not submit it
to the Records Management Program for review or approval.
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Records Management Con’t
• Liaisons
• Designate a records management liaison officer • Law • Chapter 119, F.S., defines the terms “public records,” “custodian of
public records,” and “agency, ” as well as the fundamental process
b which
by
hi h disposition
di
i i off said
id records
d is
i authorized
h i d under
d law.
l
• Chapter 257, F.S., provides for the scheduling and disposition of
public records.
• Imaging
• Plan
• Establish and maintain an active and continuing program for the economical and efficient management of records. Elections
• Charter Provisions
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Qualifying Period
Qualifying Fee
Candidate Information
Residency Requirements
Vacancies
Early Voting process
Referendum Requirements
q
• Candidate Manual
• Candidate letter, required forms, pertinent Florida Statutes, procedures, important dates to remember, deadlines, Municipal Ordinances / Resolutions regarding signage, petitions, L&A information, Charter, and Sunshine law
• Review this manual with every candidate. Have them sign they received the manual and all contents. Note if they do not want to sign for it. • Maintain a log of all correspondence with candidates • Poll workers / Poll Locations
• Reserve locations
• Hiring
• Training
Elections Con’t
• Advertising
• Qualifying Period
• Candidate Notices
• Poll Location Notice
• Election Day
• Be available to workers • Have cell contact with all workers
• Have staff set to answer resident questions about polling locations
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Notices / Advertisements • Ordinances
• At least 10 days prior to adoption (F.S. 166.041)
• Some situations may require additional notice
• Notice in paper of general circulation (not the freebee papers)
• Include date, time and place of hearing
• State Ordinance title • Notice where Ordinance can be viewed
• Meeting Notifications
• Provide "reasonable notice" of all meetings. F.S. 286.011(1)
• Post in area set aside for meeting notices such a bulletin board • Notice in such a manner that will enable the media and the general public to attend the meeting. AGOs 04‐44, 80‐78 and 73‐170
Other Duties
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Oaths of office
Seal
Notary Services
Codification
Boards & Committees
Cemeteries Certifies documents
Special Events
Special Events
Parliamentarian
Legislative
Webmaster
Public Information Officers
Pension Boards
Finance Officers
Permits / Business Licenses
… JUST TO NAME FEW
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Resources
• Florida Association of City Clerks (FACC) – www.floridaclerks.org
• FACC Google Discussion Board ‐
http://groups.google.com/forum/#!forum/faccinfo
• International Institute of Municipal Clerks – www.iimc.com
• Florida League of Cities – www.floridaleagueofcities.com
• Attorney Generals Office – www.myfloridalegal.com
• Department of State – www.dos.state.fl.us
• First Amendment Foundation – www.floridafaf.org
• Records Management Associations
– ARMA International – www.arma.org
– Florida Records Management Association (FRMA) – www.frma.org
• YOUR FACC BOARD MEMBERS – www.floridaclerks.org
Remember…
You must complete your Ideas to Action Forms
To receive credit
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