Role of the Clerkwith the County

Hon. Brent X. Thurmond (Wakulla)

Monday, May 13, 1:10-2 p.m.

• Hope to share some historical perspective on the Role of the Clerk

In the beginning God created…

• From the establishment of the office of the Clerk of Court, authority was identical

Article V of the Florida Constitution SECTION 16. Clerks of the circuit courts.—There shall be in each

county a clerk of the circuit court who shall be selected pursuant to the provisions of Article VIII section 1. Notwithstanding any other provision of the constitution, the duties of the clerk of the circuit

court may be divided by special or general law between two officers, one serving as clerk of court and one serving as ex officio clerk of the board of county commissioners, auditor, recorder, and custodian of all county funds. There may be a clerk of the county court if authorized by general or special law. History.—S.J .R. 52-D, 1971; adopted 1972.

Article VIII of the Florida Constitution6(d) COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds.

• How is it then that we are different in our duties?

• Charter, Special law, Special Act of the legislature, authorized delegation of budget officer duties, agreed upon delegation of duties, and your own flair!

At the last new Clerk training there was several demonstrations of flair…

• COUNTIES THAT ARE CHARTERED IN FLORIDA:

• Once Chartered you become Charter officers

• Charters can leave duties as it, give duties, or take duties from the Clerk

• Risk to the people is in the taking• Sources of Charters and amendments

• Volusia County was chartered in 1971

• In the first charter the duties were taken from Constitutional officers

• What should your approach be if your county is attempting to bring up a Charter referendum

• Silk glove approach for me did not work

• Example of Special Act of the legislature from De Soto Co. from 1943

• The old saying of having the fox guard the hen house…

Orange County is a most unusual example of both a special Act of the Legislature and the County Charter

• 129.025 County budget officer.— (1) Each board of county commissioners may designate a county budget officer to carry out the duties set forth in this chapter. Unless the board designates a different officer, the clerk of the circuit court or the county comptroller, if applicable, shall be the budget officer for the purposes of this chapter.

• (2) The Legislature finds that the duties of county budget officer set forth in this chapter do not fall within the constitutional responsibilities performed by the several clerks of the circuit court as auditor and custodian of county funds. The position of county budget officer shall not constitute an office in the meaning of s. 5, Art. II of the State Constitution.

• You will always remember some of the things you said when you ran

• BXT - 1996 “As Clerk you cannot practice law, but you can practice accounting and auditing”

• So much of the attention our offices can receive, especially in smaller counties, is n the area of County Financial Management

• This entire week is intended to help you sharpen your focus and improve your performance in the area of accounting and auditing

• Clerk as County auditor• Clerk as Custodian of County funds• Clerk as the County Financial

Counselor

• Starts with knowing your authority• Familiarize yourselves with

Constitution, Statutes, Court precedent, and Attorney General Opinions that are relevant

• Along the way is your putting your individual stamp on the role you play

• Examples

• Being a clerk is both a science and an art

• If you read AGO’s you will notice that the AG never substitutes their judgment for that of the Clerk…

• 125.17 Clerk.—The clerk of the circuit court for the county shall be clerk and accountant of the board of county commissioners. He or she shall keep their minutes and accounts, and perform such other duties as their clerk as the board may direct. The clerk shall have custody of their seal, shall affix the same to any paper or instrument to which it shall be proper or necessary that the same shall be affixed, and may give copies of writings in his or her custody as the clerk of said board, attested by his or her signature and authenticated by said seal.

• In some cases the Clerk is also clerk to various other boards…Planning and Zoning, Recreation Advisory, Code Enforcement, Historical Society,

• This comes under the “perform such other duties as their clerk as the board may direct”

• My advise is don’t bite off more than you can chew

• Important to maintain your independence and objectivity as best you can

• Board of County Commissioner meetings

• To go, or not to go…that is the question

• Poll the new clerks• Give my experience-a double edged

sword

• I hope you have learned a couple of things that help guide you

• We are all in this together• Conduct your office in such a way as to avoid

tempting your electorate to pass local special law taking your duties

• Conduct your office in such a way as to reflect well on you and your peers and avoid attention of the legislature

• Be a HOT Clerk• Already creating your legacy

• And remember, being a Clerk is not easy

• What does not kill you…