Duties of the Elected Town Clerk

By Marian V. Cosgrove

They are as follows:

(1) Maintain Council Minutes: Attends all meetings of the Town Council and Redevelopment Agency and prepares and maintains the record of the proceedings of those legislative bodies in books that bear appropriate titles and are devoted to that purpose; these books shall have an index sufficiently comprehensive to enable persons to readily acertain matters contained therein; GC 40801, GC36814.

(2) Public Records Act: Maintains a comprehensive filing system for legislative record and prepares certified copies of same fully accessible to the public as deemed appropriate and which are in compliance with the Public Records Act and which fulfill the spirit as well as the letter of that Act by being mindful of the right of individuals to privacy, but providing access to information concerning the conduct of the people's business as a fundamental and necessary right of every constituent. GC6250 et seq.

(3) Certification of Records: Prepares, certifies, publishes, and posts (as required) Town Legislative Action as reflected in resolutions, ordinances (with Certificate of Passage annexed to each), minutes, affidavits and depositions pertaining to business, and maintains a record of the same in official files embossed with certification of the Town Clerk affixed stating that record to be the original and correct copy maintained and indexed by the Town Clerk; GC 40806.

(4) Affidavits of Publication: Publishes and posts notices as required by law for public hearings, appeals and other official business pertaining to the affairs of, and services to this community, and which are to be held for the legislative action of Council, and for which an index of Affidavits of Publication and Posting are kept. It is the duty of the clerk to give such notice.; GC8530 se seq; 20169; GC58006-58092; 6000-6061.

(5) Elections Official: Serves as the Town's Elections Official and liaison to the County Registrar of Voters performing the functions and official filings required through the Elections Code and Fair Political Practices Commission regarding general municipal and special elections - coordinating ballot measures, initiative petitions, annexation proceedings, improvement district proceedings, arguments, rebuttals and impartial analyses. The Town Clerk may officially accept voter registration forms during regular business hours of the Town Clerk's Office. GC 4001 et seq., GC 5015 et seq., 50590 et seq., 27002 et seq; EC320(b); EC307; EC9210; EC9211.

(6) Conflict of Interest: The Members of the Town Council, Town Manager, Planning Commissioners, Town Attorney, Town Treasurer and designated Town employees shall file statements of economic interests with the Town Clerk who shall be, and perform the duties of, filing officer for the Town of Los Gatos and act as steward for all FPPC records. The Town's Conflict of Interest Code shall be reviewed for amendments every two years and a report of the amendments made or not made will be filed with the FPPC and in the Clerk's Office.

(7) Legislative Agendas-Distribution and Filing: Posted on three designated locations: 1) The Town Hall lighted 24 hour board; 2) The Planning Department glass covered bulletin board; 3) The Town Library standing bulletin board; identified as the official places to display and notice the Town's pending legislative action reflected in the posted agendas for Council and all committees, boards and commissions empowered by Council. The agendas for regular, adjourned, continued and special meetings will be sent to the local newspapers and to constituents who have asked for them to be mailed. The Town Clerk will assure that they can be located on the web site for community access offering open and public access for all legislative action. The Town Clerk will also maintain a log of the posting dates and times and file and index the agendas for future reference. GC54954.2; GC8532; GC8550; GC22830; GC36933.

(8) Custodian of Vital Records: Maintains, manages and protects the vital and archival records acting as the legal guardian and custodian of the Town's Legislative History, validating the current ordinances of the Town by maintaining an updated copy of the Town Code and making it available for the ongoing operations of Town Government to the Council, public and staff in the Office of the Town Clerk. Public records are open to inspection at all times during regular office hours of the Town Hall and every citizen has the right to inspect any record allowed by law. Any person may receive a copy of any identifiable public record or copy thereof. Any resolution of intention or ordinance of intention adopted in the proceedings under the improvement law shall state that such reports are on file with the Town Clerk and may be examined in the Office of the Town Clerk; GC 40801; GC2859; GC6256; GC50022.3; GC50022.6.

(9) Administration of Town Seal: The Elected Town Clerk is the custodian of the Town Seal as the guardian of the Town's records authenticating, acknowledging, verifying and certifying full validity of legislative action by affixing the seal of Los Gatos to the official documents of the Town and attesting to their authenticity. The certified record is prima facie evidence of authenticity and is admissible as such in any court proceedings; GC40807-40808-40811.

(10) Oaths of Office: Administer Oaths of Office to all Public Employees, Committee, Board, Commission and Council Members as they affirm to well and faithfully discharge the duties upon which they are about to enter for the benefit of the Town of Los Gatos and its constituents; GC 40814, GC36507.

(11) Acknowledgements: Takes and certifies affidavits and depositions pertaining to Town affairs and business which may be used in any court or proceedings in the state. The acknowledgment of a Town instrument may be made before the Elected Town Clerk or qualified deputies within the Office of the Town Clerk; GC40814-40556.

(12) Acknowledgment: Acknowledges for the Town (acts as notary) and countersigns all agreements and contracts verifying that the signature of the person signing for the Town is the person entitled to be acting in that position of authority. GC 40556.

(13) Corporate Secretary: to the Redevelopment Agency, maintaining custody of corporate documents and certifying municipal corporate actions and official documents, including deeds, contracts, public notices, agendas, bonds for public improvements and historic documents.

(14) Professional Service: Fulfill overall statutory duties and management responsibilities for the Office of Town Clerk administrative activities and services maintaining a professional, service orientated office, open and accessible to the people during regular business hours of the Town Hall. The Town Clerk shall maintain a work schedule consistent with town department heads and other "exempted" professional employees of the Town and receive comparable consideration for services. GC36517-op3; GC40812.

(15) Appointment of Deputies: Appoint deputies to serve in the Office of the Town Clerk capable of performing the statutory duties of the Clerk's Office in a professional manner, including the day to day administrative duties, and deputized to perform those duties in the absence of the Town Clerk. They shall receive appropriate compensation and benefits as reflected in the Confidential Employees Schedule of Salaries. GC40813.