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Limiting duties of elected town clerk

LB
Lloyd Brent Palmer, Esq.
Mon, Aug 12, 2024 7:21 PM

Happy Monday, all:

One of my towns has ordinances and job descriptions effectively limiting the duties of the elected town clerk to those enumerated in 11 O.S. § 12-109, with a $1.00 salary. The idea was to reserve the critical clerical and administrative duties of running the town day-to-day to an employee who must answer to the board, rather than an elected official. I was told OMAG recommended this structure, or at least that is where the board got the idea...

Now, the elected clerk has also had the clerical and administrative duties, with substantial second salary, for the past several terms across two different clerks. The board is ready to change that. They feel the elected clerk can no longer handle the daily business of the town.

Does anyone have experience with this? I appreciate your advice. Have a great week.

Article XII - STATUTORY TOWN BOARD OF TRUSTEES FORM OF GOVERNMENT
Section 12-109 - Town clerk - Creation and duties - Compensation
Okla. Stat. tit. 11 § 12-109
Current through Laws 2024, c. 453.
Section 12-109 - Town clerk - Creation and duties - Compensation
The town clerk shall be an officer of the town. The town clerk shall:

  1. keep the journal of the proceedings of the board of trustees; and
  2. enroll all ordinances and resolutions passed by the board of trustees in a book or set of books kept for that purpose; and
  3. have custody of documents, records, and archives, as may be provided for by law or by ordinance, and have custody of the town seal; and
  4. attest and affix the seal of the town to documents as required by law or by ordinance; and
  5. have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as town clerk may be employed by the town to perform duties not related to his position as town clerk. The salary, if any, for said duties shall be provided for separately by ordinance.
    Okla. Stat. tit. 11, § 12-109

[cid:image001.png@01DAECC2.DA4E5C30]
Lloyd Brent Palmer, Esq.
Private Counsel & Attorney at Law
PALMER LAW
101 E. 13th St.  Ada, OK 74820
(405) 496-1154  palmer@callpalmer.commailto:palmer@callpalmer.com

This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s). Pacta sunt servanda. φφκα

Happy Monday, all: One of my towns has ordinances and job descriptions effectively limiting the duties of the elected town clerk to those enumerated in 11 O.S. § 12-109, with a $1.00 salary. The idea was to reserve the critical clerical and administrative duties of running the town day-to-day to an employee who must answer to the board, rather than an elected official. I was told OMAG recommended this structure, or at least that is where the board got the idea... Now, the elected clerk has also had the clerical and administrative duties, with substantial second salary, for the past several terms across two different clerks. The board is ready to change that. They feel the elected clerk can no longer handle the daily business of the town. Does anyone have experience with this? I appreciate your advice. Have a great week. Article XII - STATUTORY TOWN BOARD OF TRUSTEES FORM OF GOVERNMENT Section 12-109 - Town clerk - Creation and duties - Compensation Okla. Stat. tit. 11 § 12-109 Current through Laws 2024, c. 453. Section 12-109 - Town clerk - Creation and duties - Compensation The town clerk shall be an officer of the town. The town clerk shall: 1. keep the journal of the proceedings of the board of trustees; and 2. enroll all ordinances and resolutions passed by the board of trustees in a book or set of books kept for that purpose; and 3. have custody of documents, records, and archives, as may be provided for by law or by ordinance, and have custody of the town seal; and 4. attest and affix the seal of the town to documents as required by law or by ordinance; and 5. have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as town clerk may be employed by the town to perform duties not related to his position as town clerk. The salary, if any, for said duties shall be provided for separately by ordinance. Okla. Stat. tit. 11, § 12-109 [cid:image001.png@01DAECC2.DA4E5C30] Lloyd Brent Palmer, Esq. Private Counsel & Attorney at Law PALMER LAW 101 E. 13th St. Ada, OK 74820 (405) 496-1154 palmer@callpalmer.com<mailto:palmer@callpalmer.com> This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s). Pacta sunt servanda. φφκα