Introduction to ClerkingA4B6762A-4A24-4D4A...W.S. 15-9-103\ 愀尩\ 瘀尩 defines “CLERK” as...
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Introduction to Clerking Teresa Montgomery and Karen Rimmer
Introduction to ClerkingA4B6762A-4A24-4D4A...W.S. 15-9-103\ 愀尩\ 瘀尩 defines “CLERK” as “the clerk or other official of the municipality who is the custodian of the official\ഠrecords
Introduction to ClerkingTeresa Montgomery and Karen Rimmer
What we will cover today:The Clerk Defined
Roles & Responsibilities – Statutory
What IIMC Says
“The Rest of the Story”
Resources for Clerks
Lots of Questions & Discussion!!!
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Presentation Notes
Look familiar to anyone?
WHO is a Clerk, and WHAT does a Clerk do?
Per W.S. 15-9-103(a)(v): “The clerk or
other official of the municipality
who is the custodian of the
official records of the municipality.”
• Record minutes for all public meetings• Administer all oaths• Provide attestations and certifications• Act as custodian of official records• Elections• File petitions • Meet publishing requirements• And much, much more…
(Basically, it’s complicated…)
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W.S. 15-9-103(a)(v) defines “CLERK” as “the clerk or other official of the municipality who is the custodian of the official records of the municipality.” This is a very vague definition for a rather complicated position. Following are some of the statutory roles of a Clerk: Administer Oaths, attach seal to jurat (15-1-109, 15-1-414) Prepare and publish/post ordinances, minutes, salaries/wages, and warrants/claims/bills paid (15-1-110, 15-1-116) Certify all ordinances, resolutions, subdivisions, plats, assessment polls, vacations from public use, and other municipal documents and petitions and add City/Town Seal (15-1-114, 15-4-110, 15-4-405, 15-7-303); Certify major street plans (15-1-510). In this case, “Certify” essentially means “read and sign”. Act as custodian of all records of the City or Town, including minutes, ordinances, resolutions, employee bonds(e.g. Treasurer, Clerk, others), and certificates of property sold, (15-1-119(c), 15-1-124 Annexations and De-Annexations: Statutorily required to file written petitions; certify compliance; notice public hearings; provide legal description(s); file/record map if approved to County and Dept. of Revenue; certify and file petitions, field notes, and other associated documents (15-1-403 to 15-1-406, 15-1-417, 15-1-421). Discussion of real situations and how this is often done by another person/department (e.g. Community Development or Planning Dept., City Engineer, or City Attorney). As Clerks, we have to sign on the dotted line or the annexation does not meet statutory requirements. Share experience with Seven Trails. Involvement in elections, incorporation of a town, etc. (15-1-205-15-2-207); this is often done by the County Clerk, and the municipality submits Certifications of Nomination and shares in the cost. Anyone here who does their own elections? File petitions for tax levies (15-1-903) – any experience with this? Disposition or transfer of municipal assets (15-1-1004) – meaning property, equipment, etc. Does anyone hold public auctions? Certify to the County Clerk the amount of money collected from any special levies or taxes (15-2-201(c) Publish calls for bids for improvements (15-6-301) – Municipalities have to publish typically 2 times one week apart for any public improvement over $35,000, with the exception of vehicles, which all have to be bid, and professional services, which do not have to be bid. The much, much, more is what is not necessarily stated in statutes.
PLEASE NOTE:There are many differences between each Wyoming municipality’s regulations and structures.
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Every Wyoming municipality is different with different regulations and structures in place. With that in mind, this presentation could apply to Clerks, Clerk/Treasurers, Deputy Clerks, Administrative Assistants, Finance Directors, Administrative Services Directors, and other combinations of these roles. The WAMCAT Handbook contains all of this information as well – it’s a wonderful tool for you, so please use it. Our roles are likely all very different, but your Clerk duties may include handling any of the following: Liquor licenses and other permits (statutory requirements) Custodian of Records (statutory requirements) Records Management supervisor Press releases Municipal court clerk duties Drafting ordinances, resolutions, policies and procedures, contracts, leases, etc. Attending all Council meetings and preparing the agenda and recording the minutes (statutory requirements) Publishing as needed (statutory requirements) HR duties Bids, RFPs, and RFQs Strategic, Growth, and/or Master plans Writing and/or administering grants Property taxes Administer oaths (statutory requirements) Vehicle licensing and titles Water dept reports Zoning issues Nuisance abatement Annexations (statutory requirements) Entertainment Community events Serving in a clerical or secretarial role for other boards (e.g. Planning & Zoning; Housing Authorities; Historic Preservation; Main Street; economic development, etc.) OTHER DUTIES AS ASSIGNED Payroll, Worker’s Comp, Unemployment, Invoices and claims, Utility billing, Accounts Receivable and Accounts Payable, Budgeting, F66 reporting, investments, etc. are more Treasurer-related but may also be part of your duties. However, we are focusing on the Clerk side today.
IIMC says…Clerks have played a major role in understanding our history.
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The Municipal Clerk and Tax Collector roles are the oldest of public servants in local government. The modern Hebrew translation of “Clerk” literally means “Reminder”; and in later years, Clerks were referred to as “Rememberances”. There would be no ancient records of human civilization had some form of the modern day municipal clerk not been in place. Professor William Bennett Munro wrote in 1934: “No other office in municipal services has so many contracts. It serves the mayor, the city council, the city manager (when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together.” Another Munro quote that Clerks understand all too well: “People vote their resentment, not their appreciation. The average man does not vote for anything, but against something.”
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Room Rates for the 1949 Annual Conference at the Hotel Sherman in Chicago, and “Though not a typical license issued by Municipal Clerks, this imaginative collectors item was distributed for over 10 years by George F. Bunker of Sterling Heights, Michigan.” (“IIMC, The First 50 Years”)
1962
1974
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Enjoying the 28th Annual Conference in Norfolk, VA in 1974 (“IIMC, The First 50 Years”) A list of new ordinances of concern to the populace in 1962 – before online was an option! (“IIMC, The First 50 Years”)
Roles & responsibilities: The Rest of the Story…
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Here is where we will dive into specific duties of the Clerk. Again, your actual duties may be more or less than what we discuss. So, if you don’t have to handle these aspects of the job, you’ll have an introduction if that should ever change. If you do handle these duties, feel free to share the way your municipality handles it.
Public Meetings• Wyoming Public
Meetings Act – Article 4, 16-4-401 to 408
• Regular Council Meetings
• Special Meetings• Emergency Meetings• Work or Study
Sessions• Executive Sessions
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Overview of meetings - Wyoming Open Meetings Act – Meetings are defined as “an assembly of at least a quorum of the governing body of an agency which has been called by proper authority of the agency for the express purpose of discussion, deliberation, presentation of information or taking action regarding public business; Assembly means “communicating in person, by means of telephone or electronic communication, or in any other manner such that all participating members are able to communicate with each other contemporaneously. Municipalities must comply with same general public meeting laws as other governmental agencies (15-1-105) All meetings of the governing body are open to the public at all times except as otherwise provided (16-4-403). Basically, everything except Executive Sessions. Regular Council Meetings: These dates/times are stated in municipal code; minutes must be taken and published. Special Meetings are any meetings that are not regularly scheduled meetings (meetings not on your regular meeting dates, such as Budget adoption public hearings). The agenda does not have to be published but it must be provided to any newspaper of general circulation and radio/television stations who request the notice as least 8 hours prior to the start of the meeting. Good rule of thumb is to just send it to these entities whether they’ve requested notifications from you or not. No other business may be transacted other than what was on the agenda. Minutes must be taken and published. Emergency Meeting are meetings that need to be held immediately due to matters of serious immediate concern; all reasonable efforts to provide public notice should be made. Action taken in an emergency meeting are temporary and must be ratified at a public meeting within 48 hours of the emergency meeting. Minutes must be taken and published. Work/Study Sessions are meetings called to order for the purpose of discussion, sometimes training, or other such needs that the Council may have, but no action can be taken. Minutes must be taken but do not have to be published. Executive Sessions are not open to the public and may be called for very specific reasons as stated in Wyo. Statutes. A motion is required to go into executive session, and the reason must stated. This means that you CANNOT go into an exec session during a work session because you cannot take action at a work session. Minutes must be taken and cannot be published; they are only available per a court order. More about these later on. Meetings qualifying as public meetings must have a quorum of the governing body; need to be called by the proper authority (typically the Mayor or a majority of the Council); and for a proper purpose. Keep in mind that public meetings may also be informal conferences or sessions of members of the governing body for the discussion of public business whether a decision is made or not when a quorum of the governing body is present. Examples – monthly meetings with County Commissioners or other groups, JPB meetings that your Council members are members of (JPB are bound to these same requirements), boards, etc. However, a quorum of your Council riding in a car, or attending a dinner, is NOT a public meeting, but they need to use caution about discussing public business at these times as well.
Preparing the AgendaOverall content
Disclosure of conflicts of interest
Consent agenda
Public comments
Online or not? Posting vs. Publishing
Executive Session – recess or adjourn?
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Overall content depends on the type of meeting; Special meeting agendas cannot be changed; regular meeting agendas can be changed with a formal motion; Work Sessions are a little less formal but still need an agenda. Call to Order and Roll Call; Recommend disclosures next; have Mayor ask Council members to “state any potential Council member conflicts of interest regarding items on this agenda at this time.” Another option is a disclosure form. Consent Agenda: Does anyone NOT use a consent agenda? Per the “Effective Meeting Procedures and Techniques” handbook (WAM, 2008), “A consent agenda allows the Council to approve several items of routing business with one vote. Considered to be on category of business, the consent agenda contains routing items that are not controversial in nature and do not require further discussion. Each governing body can determine which items of business are routine and can be placed on a consent agenda.” Typically, this includes minutes, reports, payment of bills, and others. The consent agenda practice should not be used unless all members of the council understand and agree to its use. Public Comments: It’s in the public’s best interest to place these prior to action items so that if there is a member of the public who wishes to speak for or against an action item, the governing body can hear this prior to their consideration. This does not include public hearings because they allow for public comments within them. Action Items: Those items that require a vote that are not routine items: ordinances, resolutions, contracts, bid recommendations, acceptance of proposals, etc. Other potential parts to an agenda: Public Hearings, Council information, Dept. Reports; Appointments to Boards/Commissions; and Executive Sessions. Executive Sessions: TRY TO PLAN AHEAD. If you know you are going to need one, put it on the agenda (Legal, Personnel, etc. – refer to samples) – it’s more transparent this way. An Executive Session cannot be public, nor are the minutes. 9. Agendas are not required to be published in a newspaper; discussion of online agendas and what you do if you don’t have a website or way to post an agenda online; the requirement to notify of special meetings (8 hour requirement). Post online with push capabilities (who all has a website that will do this?); post online and notify the media (newspaper, radio); just notify media.
CITY COUNCIL MEETING DOUGLAS CITY HALL, DOUGLAS, WYOMING
May 14, 2018 Regular Meeting – 5:30 p.m.
Please turn off cell phones or set to vibrate during meetings.
Reasonable accommodations for persons with disabilities who wish to participate in this public meeting shall be made upon request to City Administrator, City of Douglas, at 307-358-3462.
1. Call to Order: Please turn off cell phones or set to vibrate during meetings.
Pledge of Allegiance. Clerk, will you please call roll: • Mayor Jones • Councilmember Kingery • Councilmember Bartling • Councilmember Kemper • Councilmember Gilbreath
Disclosures by City Council Members: Please state any potential Council member conflicts of interest regarding items on this agenda at this time.
2. Consent Agenda All agenda items listed under the Consent Agenda are considered to be routine items by the governing body and will be enacted by one motion unless a Councilmember or member of the public requests that an individual item be taken up under consideration separately, in which case the item will be placed under Council Action Items. Motion: I move to approve the Consent Agenda as presented. 2nd_______ approved_____ opposed_____
I. Corrections, Additions, and Approval of Agenda for May 14, 2018 II. Consideration of Resolutions and Ordinance by Title Only
III. Warrant Register, April 2018 IV. Minutes, Regular City Council Meeting, April 23, 2018 V. Minutes, Council Study Session, April 23, 2018 VI. Minutes, Joint City Council and County Commissioner Study Session, May 4, 2018
3. Proclamations/Special Recognitions
I. Proclamation, Peace Officers’ Memorial Day and National Police Week II. Proclamation, Kids to Parks Day 2018
4. Presentations to Council/Public Hearings
I. Historical Preservation Commission, Council Report and Presentation of Annual Preservation Award – College Inn
5. Public Comments This section of the Agenda is reserved for comments from the General Public on matters relating to Douglas Municipal Government. In order to be heard, please approach the podium, speak into the microphone, state your name and affiliation and sign in. Council Meetings are broadcast live on TV (Cable Channel 61). If you have handouts to present to Council, please also provide a copy to the City Clerk.
1. Applications for Special Permits/Appointments to Boards and Committees I. Voting Delegate and Alternate Voting Delegate, Wyoming Association of Municipalities
(WAM) Summer Conference Motion: ______________ I move to appoint _______________ as the voting delegate for the City of Douglas as the WAM Summer Conference. 2nd______ approved_____ opposed_____ Motion: ______________ I move to appoint _______________ as the alternate voting delegate for the City of Douglas as the WAM Summer Conference. 2nd______ approved_____ opposed_____
2. Council Action Items I. Ordinance 995, Amending Section 16.4.5.2 of the Douglas Municipal Code – Unified Land
Development Code, First Reading Motion: ______________ I move to approve Ordinance 995 as presented on first reading. 2nd______ approved_____ opposed_____
II. Resolution 1961, Authorizing the Acceptance of Grant Funding From The Wyoming Department Of Health On Behalf Of The Douglas Fire Department Motion: ______________ I move to approve Resolution 1961 as presented. 2nd______ approved_____ opposed_____
III. Amendment Number One to the Professional Services Agreement Between the City of Douglas, Wyoming and Civil Engineering Professionals, Inc. For City Engineering Services Motion: ______________ I move to approve amendment number one to the contract with CEPI as presented. 2nd______ approved_____ opposed_____
IV. CIB, LLC, D/B/A College Inn Bar, Request for Modification and Expansion of Outdoor Consumption Area Motion: ______________ I move to approve the request from CIB, LLC as presented. 2nd______ approved_____ opposed_____
V. Douglas Landfill Closure, Change Order Number One Motion: ______________ I move to approve Change Order number one and authorize the additional payment of $7,920.00 to MD Leasing as presented. 2nd______ approved_____ opposed_____
8. Council Information
I. Minutes, Regular Douglas Historic Preservation Commission Meeting, April 18, 2018
9. Adjourn Motion: ______________ I move to adjourn the regular City Council meeting. 2nd________________ approved_____ opposed_____ Time adjourned: ____________
City of Douglas Council Meeting Agenda (City Council Only)
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Example of an agenda from the City of Douglas; this one happens to be for City Council only as the motions are included. There are LOTS of options for how an agenda can look – it’s up to your municipality. Writing the motions out for your Council can be an extremely helpful tool for Mayors and Councils – they are in the “hot seat” so to speak. However, it must be understood that these are suggested motions only. Each governing body has the authority to make whatever motion they choose.
City of Douglas Online Agenda
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Online agenda for the City of Douglas; this is what the public sees. All items are the same, but the motions are not included. This agenda is generated by our website.
Town of Rolling Hills Agenda
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We do not have a lot business at each meeting therefore we do not follow a strict “consent” agenda. Council can take action on any agenda item. For transparency purposes, we post our agenda on bulletin boards at least two days before each meeting and on our Facebook page the morning of the meeting.
Administering Oaths:Mayor and Council
City Administrator or Manager
Town/City Attorney
Town/City Clerk
Town/City Treasurer
Police Officers
Municipal Judge
Planning & Zoning Commission Members
Any other official as stated within your municipal code
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The Clerk is able to administer the Oath of Office to all of these individuals/offices; if the Clerk is not available., the Treasurer or the City Attorney can also administer oaths. Any other municipal employees who can administer oaths?
OATH OF OFFICE
STATE OF WYOMING )COUNTY OF _________ ) :ss Article 6, section 20.CITY/TOWN OF ______ )
“I do solemnly swear that I will support, obey and defend the constitution of the United States, and the constitution of the State of Wyoming, that I have not, knowingly, violated any law of the state related to my election or appointment, or caused it to be done by others; and that I will discharge the duties of my office with fidelity.”
(Signature of sworn individual) (Signature of Mayor)
SUBSCRIBED IN MY PRESENCE AND SWORN TO BEFORE ME THIS __________________DAY OF __________________, A.D. 2____
(SEAL) _______________________NOTARY PUPLIC
MY COMMISSION EXPIRES ON____________________
EXAMPLE OF AN OATH OF OFFICE
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Example of an Oath of Office; Oaths are stated in the Wyoming Constitution, Article 6, Suffrage and Elections, Section 20, Oath of Office, Form. While municipal elected officials are not specifically named in this section, you should swear in your elected officials, and it is best to use this verbiage to be consistent. Quick trivia question: Who knows what “ss” means? We know of three possible answers: “Signature Site” – where the document was physically signed; “Subscribed and sworn”; In reference of the Latin word “scilicet”(SILL-i-set) which means “in particular”, “to wit”, or “namely”.
Publishing Requirements
Minutes
Ordinances
Public Hearings
Liquor Licenses
List of Full-time Employees & Elected Officials
Calls for bids, RFQs, RFPs
What else?
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Use actual examples: Minutes: must be published once; Clerk must provide to newspaper within 12 days after the meeting adjourns; the newspaper must publish within 9 days of receipt. If a town has no newspaper of general circulation, the Clerk must post the minutes for a minimum of 10 days. Ordinances – do not go into effect until published; must be published at least once, and if no newspaper, they must be posted for at least 10 days in the clerk’s office. Public Hearings – this varies, depending on the type of PH (e.g. zoning change, subdivisions, annexations, various permits, vacates and replats, changes to building codes, master plans, etc.) Please refer to your local codes, the WAMCAT Handbook, state statute, or other such resource. Municipalities may also hold public hearings for various items as specified in local code. Liquor License Public Hearings – 2 times 1 week apart at prior to your public hearing for new , transfer, or renewal; may be PHs for violations of local code as well, if allowed per your code. List of FT employees and Elected officials and their wages; must include their name and position; does not include benefits; only required to post in July now (within 30 days of the beginning of the new fiscal year); this used to be March and July. 15-1-110(b)(i) 6. Notice of Receipts & Expenditures the amount budgeted and actually received for all revenue sources and the amount and purpose budgeted and actual expended for each appropriation for the fiscal year; publish by July 31st; 15-2-204(a) 7. Bids – very strict guidelines: how often, types of projects, all vehicles (trade ins must be included in the bid), anything valued over $35,000; if selling or buying from another governmental entity, bids are not required. If buying/selling real property from another governmental entity, an appraisal is required. 8. RFQs and RFPs – professional services contracts are not required to be bid but advertising for proposals or qualifications is a good practice and required for some state and federally funded projects.
MinutesAction Minutes vs. Verbatim Minutes, or Something In Between
Audio and Video Recordings
Special and Emergency Meeting Minutes
Executive Session Minutes
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Action minutes in some form are most often used because verbatim minutes are expensive to publish, time consuming, and typically unnecessary, particularly if meetings are streamed, audio is recorded, and/or meetings are available for viewing on your website after the fact; Action minutes = listed items considered plus action; most clerks include summarized discussion as well as it is helpful for transparency and prosperity to include some summarized discussion so that it is more clear why Council decided the way that they did. Example language of action minutes with some discussion: “Discussion followed regarding the cost of this additional seeding; staff explained that substantial completion has been met and notice of final payment is currently being advertised. No further discussion and motion approved 5-0. “ or for a public hearing: “Mayor ________ opened the public hearing; _______________ provided the staff report; this Resolution was recommended for approval by staff and the Planning and Zoning Commission and includes a revision to the plat of a ten-foot easement to deal with any drainage issues. _____________, applicant, approached Council and offered further explanation of the need for the replat. There were no comments in favor or opposition of the Resolution; public hearing closed. “ Verbatim minutes are just that – word for word minutes; not necessary. Special & Emergency Meeting Minutes must be published Executive Session Minutes vary in how they are formatted; there can be no action in these meetings. Consult with your Mayor, Administrator/Manager, and/or Attorney. Work or Study Session Minutes do not need to be published but do need to be approved by the governing body. Most municipalities record audio, video, or both of meetings; is there anyone who doesn’t? Who streams their meetings live? How, cost, pros and cons?
Ordinances & Resolutions
Ordinances must be published in order to become law, but may not need to be codified.
Resolutions do not have to be published but may need to be codified.
Both should state the WHAT (what are you doing), WHY (why is it necessary/desired by the governing body), HOW (legal authority), and WHEN or HOW MUCH if applicable (deadlines, triggers, any fees, etc.).
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Ordinances: Published and may need to be codified; Codify = “to arrange (laws or rules) into a systematic code.” Things probably not codified: Zoning changes; annexations; subdivisions; franchise agreements; any others? Resolutions: Not required to be published but some may codified (e.g. utility rate changes; some policies); any others? "In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code (i.e. codebook of law). In order to follow and enforce local ordinances, people must be able to efficiently access and reference them. Codification is the way municipalities make it easy for people to find and read the laws they are expected to follow. Codification is the process of organizing and recording all permanent ordinances adopted by the governing body into a code book in which the laws are arranged by subject matter. This book (the "municipal code") gives each ordinance a permanent identifying number, and usually includes a table of contents and index, so people can easily look up the law on any particular topic.“ – Wikipedia and AK Dept. of Commerce
Public Hearings
When should a public hearing be held?
What about Planning & Zoning Commissions?
How often should public hearings be published?
How should a public hearing be facilitated?
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Public hearings need to be held for annual budgets and budget amendments, zoning changes, subdivisions, changes to building codes, conditional use permits, and should be held for ordinances that have an affect on property, such as allowing chickens, parking ordinances, master plans, downtown master plans. Public hearings are also required for liquor licenses and possibly other permits/licenses if your code states as such. Planning & Zoning Commission – be familiar with this advisory board, but confer with your Community Development or Planning Director, City Administrator or Manager, Mayor, etc. Is there anyone who does not have a Planning & Zoning Commission? If yes, how do you handle these types of situations? How often should public hearings be published? See WAMCAT Handbook How should a public hearing be facilitated? Discussion here – give examples, share stories, etc.
Bids, RFPs, RFQs, and Transferring of Public PropertyDo you have a Procurement Policy?
Professional Services vs. Public Improvements
Vehicles, Equipment, and Trade-ins
Bid bonds and performance bonds
Contract documents
Value - $35,000 or more
Joint Powers Boards
Major maintenance or renovation
How often should advertisements be published?
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Does everyone know what the acronyms stand for? Examples of each: RFP = design/build projects, software purchases, some professional services, purchases that are specified by the municipality; RFQ = projects not yet designed, could be for architectural or engineering firms; many major projects/grant or loan project require an RFQ. Do you have a Procurement Policy? Be familiar with it if you do; if you don’t, maybe you need one; great time to use that eblast feature WAMCAT offers! Professional Services vs. Public Improvements: be sure to know the difference. (people/services vs. things). Vehicles, Equipment, and Trade-ins – must always be bid regardless of cost, and any trade in must be included in the advertisement/bid. State bids for vehicles – discussion topic – see what others do and how they have interpreted this when it comes to state bids for vehicles. Bid bonds = 5% of total cost of bid are required; make sure you also have a performance bond in place for projects. Value - $35,000 or more; don’t phase projects to side step this requirement Joint Powers Boards – if any member of a JPB is a municipality, then the stricter requirements for cities and towns apply (15-1-113); counties do not have nearly as strict bidding requirements to follow. Major maintenance or renovation – understand the WY contractor requirements; Titles 15 and 16 cover many statutory provision relating to public buildings and public works and contracts, ADA requirements, bonds, partial payments, final payments, etc. Transferring of public property – it can be transferred without bidding to another governmental entity (including a JPB); otherwise, need to do sealed bids, auction, etc. For real property, an appraisal is necessary to transfer as well.
Custodian of Official Records
Having a Records Management Plan is important!
(But that is a different class…)
Minutes
Ordinances and Resolutions
Annexations
Major projects (water, sewer, streets, buildings, etc.)
Deeds and easements
Articles of Incorporation
Anything of historical or legal value
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All these listed are permanent documents, and you are required to keep all of the these records forever. Do you have scanned copies of any of these documents? Do you have a Records Management Plan in your municipality? If so, what it is? Do you all know where to find the State of Wyoming Retention Schedules? Wyoming State Archives Record Management Plans are huge undertakings and require a class all their own.
Liquor LicensesGeneral Information
What you need to be familiar with:Types of licenses
Hours of operation
Local dispensing room laws
24-hour or one-day permits
Permits for out-of-jurisdiction events
Your process for issuance, transfer, and renewal of licenses
Local processes for violations
Remember that Tom, Kelly, and Jason are also just a phone call away!
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Lots of discussion here!! Types of licenses: Retail, Bar & Grill, Limited “Club” Retail, Restaurant, Resort, Malt Beverage, Winery, Satellite (anyone have one of these?) Hours of operation: State statute no longer addresses hours of operation; this is only at the local level – Do yours match your county’s hours of operation? Local dispensing room laws: What are yours? Good discussion topic. 24-hour or one-day permits: Catering, Malt Beverage, Open Container, Additional Dispensing room, any others? Rules for each – answer questions. Permits for out-of-jurisdiction events: Local licensing authority must approve out of jurisdiction events before they can even apply to the county or another muni. Your process for issuance, transfer, and renewal of licenses: What is it – terms, applications, requirements, etc. Local processes for violations: what are they? Do you hold them accountable, or does your code allow you to? Points system or something else? What do you do for sales tax violations? Get interpretation of W.S. Title 12 from attorney. WLD – these guys are extremely helpful and want you to understand – never hesitate to call them and ask questions!
Liquor License Publishing Requirements
• New• Transfer• Renewal
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New, transfer, and renewal licenses must be published in your newspaper of general circulation for 2 consecutive weeks. If the city or town has a website, it must also be posted on the website for the same time frame. If there is no newspaper, contact the Wyoming Liquor Division for guidance. The applicant must also post a notice in a conspicuous location upon the premises for new, transfer, and renewals. If the premise is not yet constructed, try to place on a sign post upon property or something like that. Public Hearings for liquor license renewals must be held no later than 30 days prior to the expiration of the liquor license. There are many very specific requirements and many different situations, so again, call the WY Liquor Division! Part of their job is to help us as Clerk’s decipher Title 12 and help us understand compliance requirements.
Final ThoughtsIt is our character that supports the promise of our future – far more than particular government programs or policies.
-William Bennett
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We all have our favorite quotes – many within our email signatures, which I love. This one made me think of us. We all know that it is important that we each understand our role within our respective organizations; we all wear many hats and have many responsibilities. But it is equally important to remember your importance and influence within your city or town as well as with WAMCAT. As Clerks, we are the typically the person that the public and the Council deal with the most. If you have a City Administrator or Manager, we are at least one of the people who deal with him or her the most. We are the keepers of things, the listeners, the ones who relay the information, get the paperwork drafted and signed, and smooth the ruffled feathers. For WAMCAT, we exist because of you and would not exist without you. So, remember that WHAT you must handle is likely part of a policy, but HOW you handle it is not. Rather, it’s a choice we all make every day, and don’t underestimate the impact that YOU have on your own community!! We are all part of that ripple effect and we are in positions to do great things for our municipalities and our communities. And remember that you are not alone out there!
References for Every Day:• WAMCAT Handbook
• WAMCAT Website: https://www.wamcat.org/
• WAMCAT eblasts: sign up on the WAMCAT website
• IIMC website: https://www.iimc.com/
• APT US&C website: http://aptusc.org/
• WAM website: https://wyomuni.org/ (be sure to check out their “Publications” under the “Resources” tab)
• WAM Leadership Program: go to the WAM website for more information
• Wyoming State Archives: http://wyoarchives.state.wy.us/
• ARMA (Association of Records Managers and Administrators): https://www.arma.org/
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Presentation Notes
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