CHAPTER 1 DUTIES OF THE RECORDER/CLERK
Chapter Outline
1. Definition………………………………………………………..…………………
2. Purpose……………………………………………………………..………………
3. Other Definitions……...……………………….………………………..………….
4. Municipal Cemeteries …………….………………………………………..………
5. Public Welfare ………………………….…………………………….………....…
6. Cities & Towns …………………………….………………………………………
7. Municipal Government ………………………………………………………….....
8. Uniform Town Fiscal Procedures Act ……………………………..……………….
9. Uniform Fiscal Procedures Act for Utah Cities ……………………………............
10. Utah Municipal Bond Act …………………………………….…………………….
11. Special Districts ………………………………..……………................…………..
12. Elections …………………………………..………………………..……………….
13. Health Code ……………….…………………………………………...……………
14. Liens ……………….………………………………………………………………..
15. Public Officers ………………………………………………………………………
16. Public Utilities ……………….……………………………………………………...
17. Real Estate ……………...…………………………………………………………...
18. State Affairs …………………...…………………………………..………………...
19. Water and Irrigation …………………………………………………..……………..
20. Uniform Probate Act …………………………….…………………………………..
21. Judicial Code ……………………………..…………………………………..……...
i
CHAPTER 1
RESPONSIBILITIES OF THE RECORDER/CLERK
1. DEFINITION
Responsibilities of Town Clerks and City Recorders as defined by Utah law.
2. PURPOSE
It is the purpose of this Chapter to outline those responsibilities of Clerks and Recorders that
are defined by Utah law and provide reference to the Utah Code. In some cases, the term
“clerk” or “recorder” is only inferred by responsibility. This chapter contains an outline of
all known Utah Code references to the recorder/clerk by topic. This is an outline only and
referral to the Utah Code is necessary to understand the full impact of the section.
Remember, the outline is a summary only and subject to interpretation. The only true
authority is the code itself
3. OTHER DEFINITIONS
“Clerk/Recorder” – under Utah “custom” the title of
“clerk” is used in towns and “recorder” in cities, i.e.,
“town clerk” or “city recorder”. However, in some
A. instances within Utah Code, the term “clerk” is used to
mean both town clerk and city recorder in addition, the
terms are used to include city recorder or town clerk
such as: election officer, election official, local clerk,
and filing officer.
B.
C.
D.
E.
“Recorder,” unless clearly inapplicable, shall include
and apply to town clerks.
“Governing Body” means collectively the legislative
body and the executive of any municipality. Unless
otherwise provided:
(1) In cities of the first and second class, the
governing body is the city commission;
(2) In cities of the third, fourth, or fifth class, the
governing body is the city council;
(3) In towns the governing body is the town council.
“Municipal” means of or relating to a municipality.
“Municipality” means a city of the first class, city of the
second class, city of the third class, city of the fourth
class, city of the fifth class, or a town, as classified in
Section 10-2-301.
“Meeting” means convening of a public body with
quorum present, including a workshop or an executive
UCA 10-1-104(9)
UCA 10-1-104(3)
UCA 10-1-104(4)
10-1-104(5)
UCA 52-4-103(5)(a)
session whether the meeting is held in person or by
means of electronic communications, for the purpose of
discussing, receiving comments from the public about,
or action upon a matter over which the public body has
jurisdiction or advisory power.
“Public Body” means any administrative, advisory,
executive, or legislative body of the state or its political
subdivisions that is created by Utah Constitution, statute
F. rule, ordinance, or resolution which consists of two or
more persons that expends, disburses, or is supported in
whole or in part by tax revenue and which is vested with
the authority to make decisions regarding the public’s
business.
“Appointed Officer” means “any person appointed to
any statutory office or position or any other person
appointed to any position of employment with a city …..
Appointed officers include, but are not limited to,
G. persons serving on special, regular, or full-time
committees, agencies, or boards whether or not such
Persons are compensated for their services. The use of
the word “officer” in this part is not intended to make
appointed persons or employees “officers” of the
municipality.”
Classifications of municipalities according to
population:
Town Under
1,000 in population
Fifth Class City
1,000 to 9,999 population
H.
Fourth Class City
10,000 to 29,999 population
Third Class City
30,000 to 64,999 population
Second Class City
65,000 to 199,999 population
First Class City
100,000 or more population
I. “Quorum” means a simple majority of the membership
of a public body, unless otherwise defined by law.
The number of council members necessary to constitute
a quorum is:
J.
(1) In a municipality with a seven member council, four;
(2) In a municipality with a five-member council,
three; and
(3) In a municipality operating under a six-member
council form of government, three, excluding the
mayor.
K. “Warrant” means an order drawn upon the city treasurer,
in the absence of sufficient money in the city’s depository,
by an authorized officer of a city for the purpose of paying
a specified amount out of the city treasury to the person
named or to the bearer as money becomes available.
UCA 52-4-103(8)(a)
UCA 10-3-1303(1)
UCA 10-2-301
UCA 52-4-103(10)(a)
UCA 10-3-504
UCA 10-6-106(21)
4. MUNICIPAL CEMETERIES
The owner of a municipal cemetery site unused for burial purposes
for more than 60 years must file with city recorder or town clerk UCA 8-5-6
notice of any claim to the lot if required by ordinance or resolution.
5. PUBLIC WELFARE
Housing Authority
A. City recorder or town clerk certifies t he resolution that
35A-8-402
created a housing authority. Resolution duly certified by clerk shall
be admissible as evidence.
B. Record of proceeding, together with charges and findings in the 35A-8-406
removal of any commissioner, filed in the clerk’s office.
Housing authority files report of activities with recommendations
C. for additional legislation at least once a year with city recorder or 35A-8-429
town clerk.
6. CITIES & TOWNS
A.
B.
C.
D.
Incorporation
Annexations
Boundary Adjustments
Municipal Disconnection
UCA 10-2-125
UCA 10-2-401 through 10-2-418
UCA 10-2-419 & 425
UCA 10-2-501 through 10-2-510
7. MUNICIPAL GOVERNMENT
A. Regular and special council meetings
B. Public Meetings
C. Municipal Ordinances, Resolutions
UCA 10-3-502 through 10-3-508
UCA 10-3-601
UCA 10-3-701 through 10-3-719
D.
E.
F.
G.
H.
Municipal Administration
Salaries in Municipalities
Official Neglect & Misconduct
Oaths
Appointed Officials
UCA 10-3-801, 10-3-803, 10-3-805
UCA 10-3-818
UCA 10-3-826
UCA 10-3-827, 10-3-828
UCA 10-3-902 through 10-3-928
I.
Personnel Rules & Benefits
UCA 10-3-1103 through 10-3-1110
J. Municipal Ethics Act
K. Forms of Government
UCA 10-3- 1301 through 10-3-1312
UCA 10-3b-103 through 10-3b-507
8. UNIFORM FISCAL PROCEDURES ACT FOR UTAH TOWNS - UCA 10-5-101 through 10-6-159
A. Town clerk certifies ordinances or resolutions setting levy to the
county clerk.
Town clerk attends council meetings and keeps records of
B. proceedings. Certified copies of records are admissible in court as
originals.
C. Town clerk countersigns all contracts and maintains indexed record
of all contracts.
Town clerk maintains general books and records for each fund,
including list of outstanding bonds, their purpose, term dates, and
D. place payable. Town clerk pre-audits claims against town, prepares
checks in payment of claims and certifies on check that claim is preaudited and approved by council to be within the lawful debt limit
and does not over expend department budget.
E. Town clerk may draw and sign warrant on treasury for payment of
claim if no funds are on deposit in appropriate account.
F. Town clerk prepares all checks
G. Town clerk presents annual financial report to council within 180
days after year end.
10-5-112(3)
10-5-121
10-5-122
10-5-123
10-5-124
10-5-127
10-5-129
9. UNIFORM FISCAL PROCEDURES ACT FOR UTAH CITIES – UCA 10-6-101through 158
A.
B.
C.
D.
E.
F.
G.
H.
I.
Tentative budgets together with supporting schedules and data shall
be available for inspection in city auditor or city recorder’s office
for at least 10 days prior to adoption of final budget.
A certified copy of adopted budget available to public in city auditor
or city recorder’s office and shall be available to the public during
regular business hours.
City recorder shall certify ordinance or resolution setting the levy to
the county auditor before June 15 each year.
Copy of budget filed in city recorder’s office
City recorder or deputy recorder shall attend all meetings and keep
record of proceedings. Record of proceedings kept in city recorder’s
office under corporate seal. Copies of papers certified by city
recorder are admissible in court as originals.
City recorder countersigns all contracts and keeps indexed record of
such.
City recorders in third, fourth and fifth class cities maintain books
and records, including list of bonds, for each city fund, keep
accounts with all receiving and dispersing officers of city, pre-audit
all claims against city, and certify on check voucher or check copy
that claim is pre-audited, approved, within lawful debt limit and
does not over-expend budget.
If no funds in appropriate bank account, city recorder draws and
signs warrant upon treasurer for payment.
Duplicate receipts of payment or summary report filed in city
recorder’s office.
10-6-112
10-6-119
10-6-134
10-6-135(6)
10-6-137
10-6-138
10-6-139
10-6-140
10-6-142
J.
City auditor or recorder prepares checks. City recorder may be
designated to countersign checks.
K. City recorders in third, fourth or fifth class cities to prepare and
present monthly and quarterly financial reports to governing body.
City recorder, or other designated person, shall present annual
L. financial report to governing body within 180 days after close of
fiscal year; copies of report filed with state auditor and shall be filed
as public document in office of city recorder.
Within 10 days after receipt from independent auditor, city auditor
M. or recorder shall prepare and publish at least twice in a newspaper of
general circulation that city audit has been completed and is
available for inspection.
Director of finance may perform financial responsibilities of city
N. recorder in third, fourth and fifth class cities or cities under an
optional form of government.
10-6-143
10-6-148
10-6-150
10-6-152
10-6-157
9. LOCAL GOVERNMENT BONDING ACT – UCA 11-14-101 through 11-14-501
Notice of (bond) election shall be published once a week during
three consecutive weeks in a newspaper occurring not less than 21
days nor more than 35 days before the election. If no newspaper is
published in the municipality, the notices shall be published in a
newspaper having general circulation within municipality. When the 11-14-202
governing body imposes a posting requirement, the governing body
shall ensure that notice of the bond election is posted in at least 5
public places in the local political subdivision at least 21 days before
the election.
11. SPECIAL DISTRICTS
A. Dependent Districts – Municipal Building Authority Act
Limited Purpose Entities – Local Districts (such as cemetery
B. maintenance, drainage, fire protection, irrigation, metropolitan
water, mosquito abatement, public transit, specialize.)
C. Limited Purpose Entities – Community Development and Renewal
Agencies.
D. Limited purpose Entities – Other Entities (such as special service,
local building authority, and conservation districts.)
17A Repealed.
Title 17B
Title 17C
Title 17D
12. ELECTIONS - For greater detail, see Chapter 6, Elections of this Handbook.
13. HEALTH CODE
City recorder or town clerk may maintain internment records.
26-2-18
14. LIENS
Recorder records claim of lien in an index. (State Code does not
specify “county” recorder, but mechanics liens are handled on the 38-1-9
county level.)
15. PUBLIC OFFICERS
A. Official oaths and bonds of city officers filed with city recorder,
except those of city recorder which is filed with treasurer
B. Official oaths and bonds of town officers filed with town clerk,
except those of town clerk which is filed with treasurer.
C. Failure to Qualify for Elected or Appointed Office – Office Declared
Vacant.
D. Open and Public Meetings Act.
E.
F.
52-1-4
52-1-5
52-2-1
52-4-101 through
52-4-305
Public Body: Only public bodies that are created by the Utah
Constitution, statute, rule, ordinance, or resolution; consists of two
or more persons; expends, disburses, or is supported in whole or in 52-4-103(8)(a)
part by tax revenue; and is vested with the authority to make
decisions regarding the public’s business.
Closed Meetings
52-4-204, 52-4205 & 52-4-206
16. PUBLIC UTILITIES
Bonds countersigned by city recorder or town clerk.
54-8-22
17. REAL ESTATE – 57-7-8 (Repealed in 1999)
18. STATE AFFAIRS
A. GRAMA records officer is appointed by chief administrative officer.
B. Order to declare, continue, or terminate “local emergency” filed
with city recorder or town clerk.
C. Orders, rules, and regulations filed in city recorder or town clerk’s
office.
D. Claims for injury shall be directed and delivered to the city or town
recorder.
63G-2-103(25)
63K-4-301(1)(c)
63K-4-401(1)(b)
63G-7401(3)(b)(ii)(A)
19. WATER AND IRRIGATION
Publication of notice of intention to enter privatization project filed
with city recorder or town clerk.
73-10d-4(1)
20. JUDICIAL CODE
Treasurer reports to city recorder showing sums collected and
deposited from municipal courts. City recorder shall then apportion Title 78B
and remit the collected proceeds.