CLERK
The Municipal Clerk is the oldest of public
servants in local government, along with the tax collector. The
profession traces back before Biblical times. For example, the
modern Hebrew translation of Town Clerk is "" which literally translated,
means city or town "Reminder:'
The early keepers of archives
were often called "Remembrancers:' and before writing came into
use, their memory served as the public record.
Ancient Greece had a city secretary who read
official documents publicly. At the opening of a meeting, one of
his first duties was to decree a curse upon anyone who should
seek to deceive the people.
St. Paul and his followers during his missionary
work in Persia (now Western Turkey) owed their safety to the
action of a town clerk. As related in Acts 19:22-41, written in A.D. 58, the artisans of
Ephesus who made the idols of the time, feared the effect of
Paul's missionary work on their trade.
They incited a mob to seize two of Paul's followers. The town
clerk, however, spoke out against this action and insisted that
charges laid against these men had to be settled in the proper
manner and before the proper authorities. There was no
justification for riotous conduct. With that, he dispersed the
crowd.
Reportedly, the regency line of France descends
from the office of the Clerk! According to James Bryce in his
book "The Holy Roman Empire," there is a direct link between the
position of Mayor of the Palace, a clerical post created by the
Merovingian Kings of France, and all subsequent Kings of France.
In the eighth century, the Frankish Kings of
France depended on the Mayor of the Palace to perform all manner
of clerical and administrative tasks for the King including
collecting taxes and fees, publishing documents, keeping state
records and assisting in the enforcement of the King's justice.
In 751, the Merovingian King,
Childeric, was deposed and his
assistant, Pippin, the Mayor of the Palace, became not only the
monarch of France but was simultaneously created a Patrician of
Rome by Pope Gregory the Third. Pippin was, in turn, father of
the great Charlemagne, the first Holy Roman Emperor and founder
of the Carolingian Dynasty of Europe on High, which in
successive generations, produced the Kings of France, as well as
the Emperors of Germany and Austria.
DEVELOPMENT IN ENGLAND
The title "Clerk" as we know it developed from
the Latin clericus. During the
Ages, when scholarship and
writing were limited to the clergy, clerk came to mean a
scholar, especially one who could read, write, and thus serve as
notary, secretary, accountant and recorder.
In ancient England, the township (surrounded by
its hedge or "tun") and the borough (an outpost fortified with a
wall) developed a strong system of democratic local government.
And one of the first officials these freemen elected was the
"Clarke."The beginning of the office of city clerk in
England can be traced back to 1272 A.D. in the history of the
Corporation of Old London. The "Remembrancer" was called upon to
remind the councilors (members of the council) what had
transpired at their previous meetings, since the
meeting of the early councils were
not recorded in written minutes. In 1354, the Mayor of Nottingham appointed the
Clarke and provided for his remuneration. In 1439,
Symkyn Birches was awarded the
office of "Toun Clerk" in another
community for the rest of his life. In 1477 Thomas Carton, a
town clerk, was the first English printer, and served as
diplomat for the King. In 1485, Nicholas Lancaster, the Clarke,
became Mayor of York.
In the 1500's in England, there were not only the
'Town Clarke" but also the "
Comptroller of the King's Honorable Household. In 1603, there
was a "Clarke General of the Armie."
Indeed, King Henry the Eighth had a "Clarke of the
Spicery; and King Charles had his
"Clarke of the Robes."
Perhaps the strongest statement of the unique
position occupied by the Municipal Clerk is by
Court in the Middle Ages ruling in the case,
Hurle-Hobbs ex
parte Riley and another. Concerning this case, Chief
Justice Lord Caldecote, observed:
"The office of town clerk is an important part of
the machinery of local government. He may be said to stand
between the local Council and the ratepayers. He is there to
assist by his advice and action the conduct of public affairs in
the borough and, if there is a disposition on the part of the
council, still more on the part of any member of the council, to
ride roughshod over his opinions, the question must at once
arise as to whether it is not his duty forthwith to resign his
office or, at any rate, to do what he thinks right and await the
consequences."
COLONIAL DEVELOPMENT
When the early colonists came to America they set
up forms of local government to which they had been accustomed,
and the office of clerk was one of the first to be established.
When the colonists first settled in Plymouth, Massachusetts,
they quickly appointed a person to act as recorder. That person
kept all the vital records for birth, marriages and deaths for
the church, as well as various other records of appointments,
deeds, meetings, and the election of officers at the annual town
meeting.
Indeed, in Massachusetts, the town clerk was one
of the earliest offices established in colonial towns. The
settlers were well aware of the importance of keeping accurate
written records of their agreements and actions including grants
of land, regulations governing animals, the collection of taxes
and the expenditure of town funds.
The person given the responsibility for recording
these orders was also often given other duties, such as sweeping
the meeting-house and selling the seats, ringing the bell, and
paying the bounty for jays and blackbirds whose heads were
presented to him by the citizens. By the middle of the 17th
century, the title town clerk appears in town records and this
title has continued to the present.
One of the earliest statutory duties imposed by
the Massachusetts General Court on town clerks was recording
births, deaths and marriages. Since that time, the General Court
has formalized by statute many of the duties first delegated by
vote of the town and has added others.
By 1692, the town clerk
was required to enter and record divisions of land and orders of
the selectmen as well as all town votes, orders and grants.
Warrants directed to the constable for the collection of taxes
were to be signed by the assessors or the town clerk. Between
1742 and 1756, the General Court made the town clerk responsible
for maintaining a list showing each inhabitant's property value
and for producing it, if necessary, to substantiate a person's
voting rights. The town clerk was required to administer and
record the oath of office taken by town officials. By 1776, the
town clerk was empowered to call town meetings to elect
selectmen if a majority of the selectmen had moved from the town
or were absent in the service of the country.
The office of town clerk of Wethersfield,
Connecticut, was established in 1639 and that person was to
"keep a record of every man's house and land," and to present "a
fairly written" copy of such to every General Court to be
recorded by the secretary of the colony. In the first municipal
election in New York City in 1689, the offices of Sheriff, Mayor
and City Clerk were on the ballot.
The Puritan town of Woodstock, Massachusetts,
appointed a town clerk in 1693 to record deeds and mortgages and
to record the books. Because the town's people wanted to keep
him on a permanent basis, he was given 20 acres of land and a
fee of 12 pence for each town meeting plus 6 pence for each
grant filed. The Town Clerk of Middleboro, Mass., on the other
hand was compensated with "one load of fish taken at the
herring-weir and delivered to his house."
Three centuries later,
one of his seventh-great-grandchildren is serving as City
Recorder of the city of Newport, Oregon.
Over the
years, Municipal Clerks have become the hub of government,
the direct link between the inhabitants of their community
and their government. The Clerk is the historian of the
community, for the entire recorded history of the town
(city) and its people is in his or her care. The eminent
political scientist, Professor William Bennett Munro,
writing in one of the first textbooks on municipal
administration (1934), stated: "No other
office in municipal service has so many contracts. 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."
These words,
written more than 50 years ago, are even more appropriate
today.