Cityscape • February 2022 • CITY FOCUS

What is the only position that cities are required to appoint under the Code of Iowa?

The city clerk! Under Section 327.13(3) of the state code, the city council is to appoint a city clerk “to maintain city records and perform other duties prescribed by state law or city law.”

Cities employ various positions to carry out municipal services, and such staffing levels are entirely dependent on what each city determines is needed locally. All, though, have a city clerk, and in most communities, the clerk is not only expected to perform duties outlined in the state code; they often serve as the hub for everything the city government does.

The state code sets some duties for the city clerk, including the aforementioned requirement to “maintain city records.” This is largely construed to mean they are the city’s custodian of records, which relates to the duties set in Chapter 22 (the Open Records Law), where cities must name a custodian of records and maintain all city records. Chapter 22 also details various requirements for cities to handle public records requests, which typically are under the supervision of the city clerk.

The state code also directs the clerk in Section 372.13(6) to publish the minutes of city council meetings within 15 days of any meeting. For cities with less than 200 in population, this requirement can be satisfied by posting the minutes at three public places in lieu of publishing them in a newspaper.

Additional council meeting duties for the clerk are detailed in Chapter 380 of the state code, which includes detailing any items that are voted upon, including how each council member voted, which then goes in the meeting minutes and publishing any ordinance that is approved by the council (the state code allows a summary of an ordinance to be published rather than the full content). The clerk must also authenticate all measures, except motions, with a signature and certify the time and manner of any publication.

Other statutory duties include maintaining the city codebook, publishing any notices required by law or posting notices for cities less than 200 in population and submitting petitions for referendums and special elections that are permitted under the state code. The state code also allows county auditors to designate city clerks to receive nomination papers for city elections; in such cities, this is an additional duty for the city clerk.

The full list of duties for city clerks is dependent on what each city has established for their own needs, and in most cities, the list is too lengthy for this space. This is especially true for cities that do not have a city administrator or city manager position. In those communities, the clerk often handles a lot of the administrative duties.

Despite some differences from city to city, most clerks are expected to help manage the city budget, account for city revenues and expenditures, reconcile bank accounts and transactions, generate various financial reports and generally supervise the city’s fiscal activities. This duty alone can be very time-consuming and is critical for any city government.

Other common duties include managing the city’s permits and licenses, administering the oath of office, issuing utility bills, mailing nuisance property nuisances and in some cities, even performing nuisance abatement work, completing various reports required by the state code, reviewing contracts the city participates in and more. Further, many clerks are expected to assist with council meetings to not only take the minutes, but at times assist the mayor and council by providing their professional expertise. Lastly, in most cities, the clerk is at the front line for citizen interaction and is often called upon to provide assistance when requested.

Given the importance of the city clerk position, the League and others have created a number of resources for those in the role. The League website has a page that lists some of these resources, which can be accessed at www.iowaleague.org/resource/city-clerk-resources/. That includes a calendar that lists deadlines for various reports and other filings required by the state and federal governments.

Another excellent resource is the City Clerks/ Finance Officers Handbook, which covers offers guidance on the role of the city clerk, greater details on the duties mentioned in this article, and organizations that can provide help.

Many city clerks belong to the Iowa Municipal Finance Officers Association (IMFOA), which provides support to city clerks and finance officers, offers training opportunities, and includes a professional certification program.

The Iowa League of Cities Clerk Mentor Program matches experienced city clerks with new or less experienced clerks who feel they need a little extra guidance. Learn more at www.iowaleague.org.

May 1 through 7, 2022 will be the 53rd Annual Professional Municipal Clerks Week. This week celebrates the importance of municipal clerks and the vital services they provide for local government and the community.