![]() ![]() Regardless of whether the clerk is paid by statutory fees, or a combination of salary and fees, all fees collected by the clerk must be deposited with the treasurer at least monthly, or more often as directed by the selectmen, for use of the town. In order for a municipality to pay their clerk in a manner other than statutory fees, there must be a vote at town meeting. Thus, if the selectmen or budget committee recommend a budget for the town clerkâs office that the clerk disagrees with, he or she can take the issue up with the voters at the annual meeting. The legislative body has ultimate decision-making power over all budget requests presented at the annual meeting. Within the budget request, the town clerk may include compensation, monies to attend trainings, and other items necessary to run the office. The town clerk submits his or her budget request to the selectmen for their consideration who then submit it the budget committee, if there is one. The legislative body may also include insurance benefits as part of the compensation package. The compensation of the town clerk is set by the legislative body (the town meeting) and can be statutory fees collected, a set salary in lieu of fees or a combination of both. These distinctions aside, most of the duties described below apply to city clerks as well as town clerks. City clerks, however, are appointed by the city council and are subject to the provisions of the city charter. Thus, all town clerks must be elected and thereby must also be residents in the town they serve. Unlike the tax collector, there is no provision in the law to allow a town clerk to be appointed. This article will review some of those duties and responsibilities of the town clerk as well as oversight of the position. There is no one place in the statutes to find a list of the duties for this position rather, the duties can be found throughout many statutes such as motor vehicle laws, election laws, vital statistics, planning and land use laws, libraries and the budget law. The duties and responsibilities of a town clerk are numerous and varied. Consult NHMA's legal services or your municipal attorney. The information contained in this article is not intended as legal advice and may no longer be accurate due to changes in the law.
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