Missouri Statute | Act | Code |County, Township And Political Subdivision Government| US Code - US Statute

In each county of this state there shall be an office of clerk of
the county commission to be styled "The Office of the Clerk of the County
Commission". (L. 1945 p. 653 § 1)

At the general election in the year 1946, and every four years
thereafter, the voters of the county at large in each county in this
state shall elect a clerk of the county commission, who shall be
commissioned by the governor and who shall hold his office for a term of
four years and until his successor is duly elected or appointed and
qualified. Each clerk of the county commission shall enter upon the
duties of his office on the first day of January next after his election.
(L. 1945 p. 653 § 2, A.L. 1959 S.B. 63, A.L. 1978 H.B. 971)

The certificate of election with the oath or affirmation of
office of such clerk endorsed thereon, shall be recorded in the office of
the recorder of the county before any other duty of his office is
discharged. (RSMo 1939 § 13288, A.L. 1945 p. 653 § 5, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 11669; 1919 § 2115; 1909 § 2678

The certificate of election of the clerk of the county
commission, signed by the presiding commissioner of the county
commission, or by the chairman of the board, or boards, of election
commissioners, as the case may be, and the bond of the clerk of the
county commission, with the approval of the commission or commissioners
endorsed thereon, shall be deposited in the office of the secretary of
state. (RSMo 1939 § 13287, A.L. 1945 p. 653 § 6)

Prior revisions: 1929 § 11668; 1919 § 2114; 1909 § 2677

No person shall be elected or appointed clerk of the county
commission unless he be a citizen of the United States, over the age of
twenty-one years, and shall have resided within the state one whole year,
and within the county for which he is elected six months just prior to
his election; and every clerk shall after his election continue to reside
within the county for which he is clerk. (RSMo 1939 § 13269, A.L. 1945 p.
653 § 3)

Prior revisions: 1929 § 11650; 1919 § 2096; 1909 § 2661

Before taking office every clerk of the county commission shall
take and subscribe an oath or affirmation that he will support the
Constitution of the United States and of the state of Missouri, and
demean himself faithfully in office. (L. 1945 p. 653 § 7)

Every clerk of the county commission, before entering upon the
duties of his office, shall enter into bond, payable to the state of
Missouri, with good and sufficient sureties, who are residents of the
county for which the clerk is elected or appointed, or with a surety
company as provided by the laws of this state. The bond shall be for a
sum not less than five thousand dollars, the amount to be fixed and the
bond to be approved by the county commission of which he is clerk, or by
a majority of the commissioners of the commission. The bond shall be
conditioned that he will faithfully perform the duties of his office, and
pay over all moneys which come to his hands by virtue of his office, and
that he, his executors or administrators will deliver to his successor,
safe and undefaced, all books, records, papers, seals, apparatus and
furniture belonging to his office. (RSMo 1939 § 13285, A.L. 1945 p. 653 §
8, A.L. 1959 S.B. 63)

Prior revisions: 1929 § 11666; 1919 § 2112; 1909 § 2675

CROSS REFERENCE: Official bonds of county officers, generally, Chap. 107,
RSMo

If, at any time, the county commission is satisfied that any
surety on the official bond of the clerk of the commission is a
nonresident of the county in which the clerk is acting, is deceased or
insolvent, or for any other reason is insufficient, or in danger of
becoming insufficient, or that the penalty of the bond of the clerk is
not sufficiently large, it shall cause the clerk to enter into a new bond
with sufficient security, which shall be deposited in the office of the
secretary of state. If any clerk fails to give the bond within thirty
days after he is required by the commission to do so, his office shall be
vacated and a successor appointed. (RSMo 1939 § 13289, A.L. 1945 p. 653 §
9, A.L. 1959 S.B. 63)

Prior revisions: 1929 § 11670; 1919 § 2116; 1909 § 2679

When any vacancy shall occur in the office of clerk of the county
commission by death, resignation, removal, refusal to act, or otherwise,
it shall be the duty of the governor to fill such vacancy by appointing
some eligible person to said office, who shall discharge the duties
thereof until the next general election, at which time a clerk shall be
chosen for the remainder of the term, who shall hold his office until his
successor is duly elected or appointed and qualified, unless sooner
removed. (RSMo 1939 § 13284, A.L. 1945 p. 653 § 4)

Prior revisions: 1929 § 11665; 1919 § 2111; 1909 § 2674

Each clerk of the county commission shall keep his office at such
place or places as the county commission shall direct, not more than two
hundred yards from the courthouse or permanent meeting place of the
county commission of which he is clerk, and there shall keep the records,
papers, seal and property of his office and transact his official
business. (RSMo 1939 § 13293, A.L. 1945 p. 653 § 24, A.L. 1986 H.B. 1554
Revision)

Prior revisions: 1929 § 11674; 1919 § 2120; 1909 § 2683

In all counties in this state now containing or that may
hereafter contain seventy-five thousand inhabitants or more, and where
county commissions are now or may hereafter be held at more places than
one, and at places other than the county seat, said commissions shall
establish a branch county clerk's office at such place, where all the
records and proceedings at such place shall be safely kept and preserved,
and all acts done and performed at such place shall have the same force
and effect as if done at the county seat. (RSMo 1939 § 2486)

Prior revisions: 1929 § 2084; 1919 § 2580; 1909 § 4087

Every clerk of a county commission shall keep an accurate record
of the orders, rules, and proceedings of the county commission, and shall
make a complete alphabetical index thereto; issue and attest all process,
when required by law, and affix the seal of his office thereto; keep an
accurate account of all moneys coming into his hands on account of fees,
costs or otherwise, and punctually pay over the same to the persons
entitled thereto; provided, that when the clerk of the circuit court of
his county is a party, plaintiff or defendant, to a suit or action, the
writ of summons and all other process relating thereto shall be issued by
the clerk of the county commission, the reason therefor being noted on
said process, and said clerk of the county commission shall, on the trial
of such cause, act as temporary clerk of the circuit court and otherwise
perform all the duties of the clerk of the circuit court. (RSMo 1939 §
13295, A.L. 1945 p. 653 § 10)

Prior revisions: 1929 § 11676; 1919 § 2122; 1909 § 2685

In any county of the first class not having a charter form of
government, and all counties of the second, third or fourth class, the
county clerk shall annually, on or before May tenth, inspect all voting
precincts in the county, review the described boundary lines, and survey
the number of voters in each precinct measured by the vote at the last
preceding presidential election, and within thirty days after the
conclusion of such inspection, present a signed report to the county
commission and the county chairman of the two political parties receiving
the largest number of votes in the last presidential election, detailing
changes, alterations, and additions which appear to be necessary for the
convenience of the voters. (L. 1969 S.B. 13 § 1, A.L. 1973 H.B. 667, A.L.
1975 H.B. 945)

The clerk of the county commission of each county of the second,
third or fourth class shall assist in the preparation of gas tax refund
forms when requested by residents of the county, and shall file an annual
report with the county commission on or before December thirty-first of
each year of all federal revenue funds received from any federal agency
of the United States during such year and file a copy of any other
reports with the county commission required to be filed with any federal
agency necessary for the county or county commission to receive any
federal revenue sharing funds, or any other federal funds from the United
States government or any agency thereof; provided, however, that sections
51.122 and 51.305 shall not apply to any county of the second class which
has an assessed valuation in excess of three hundred million dollars on
August 13, 1974. (L. 1974 H.B. 899 § 1)

It shall be the duty of the clerk of the county commission to
keep in his office a catalogue of all reports of the supreme court and
the court of appeals belonging to his office, and he shall deliver or
account to his successor in office for all such law reports; and upon
failure to so deliver the same, the prosecuting attorney of the county
shall institute a suit to the use of the county to which the reports
belong against the clerk, or on the bond of the clerk, and in case of
recovery in such suit, recovery shall be for three times the value of the
reports that the clerk shall have failed to deliver. (RSMo 1939 § 2098,
A.L. 1945 p. 653 § 11, A.L. 1973 S.B. 263)

Prior revisions: 1929 § 1936; 1919 § 2434; 1909 § 3954

1. In addition to his other duties provided by law, the clerk of
each county commission in this state shall provide the revisor of
statutes with a complete list setting forth each Missouri statute,
commonly known as a local option law, which is in effect in his county by
reason of its provisions having been adopted by a vote of the people of
that county.

2. The original list shall be mailed by certified mail to the revisor of
statutes before July 1, 1966, and thereafter the clerk of the county
commission of each county shall promptly notify the revisor by certified
mail upon adoption by a vote of the people of his county of the
provisions of any such statute. (L. 1965 p. 161 § 1)

The clerk of the county commission shall have power and is
authorized to administer oaths and affirmations in all matters and
proceedings incident to the exercise of the powers and duties of his
office, and incident to the powers and proceedings of the county
commission of which he is clerk; and shall have power and authority to
administer oaths and affirmations, and to take and certify depositions
within the respective counties in all cases where oaths or affirmations
are required by law to be administered. And, when required, he shall
affix thereto his jurat and the seal of the county commission of which he
is clerk. (RSMo 1939 § 1884, A.L. 1945 p. 653 § 12)

Prior revisions: 1929 § 1720; 1919 § 5407; 1909 § 6351

1. It shall be the duty of the clerk of the county commission:

(1) To keep regular accounts between the treasurer and the county,
charging him therein with all moneys paid into the treasury, and
crediting him with the amount he may have disbursed between the periods
of his respective settlements with the commission;

(2) To keep just accounts between the county and all persons, bodies
politic and corporate, chargeable with moneys payable into the county
treasury, or that may become entitled to receive moneys therefrom;

(3) To file and preserve in his office all accounts, vouchers and other
papers pertaining to the settlement of any account to which the county
shall be a party, copies whereof, certified under the hand and seal of
the clerk, shall be admitted in evidence in all courts of law and
elsewhere;

(4) To issue warrants on the treasury for all moneys ordered to be paid
by the commission, keep an abstract thereof, present it to the county
commission at every regular term, balance and exhibit the accounts kept
by him as often as required by the commission, and keep his books and
papers at all times ready for the inspection of the commission, or any
commissioner thereof;

(5) To compile and keep a list of all salaries and nonaccountable fees
received by each elected county official by virtue of his office for each
calendar year. The source of each fee shall be itemized, the amount of
mileage allowance received shall be reported, and the total fees less
expenses shall be shown. Each elected official shall certify and give all
of the aforesaid information under oath by affidavit on his office to the
clerk of the county commission on or before February fifteenth of each
year for the preceding calendar year and any official who fails to do so
shall not receive any remuneration for his services until he complies
with this provision; the county commission shall not order and the county
clerk shall not issue a warrant for disbursement of any money to any
elected county official who has not filed his report as provided in this
section;

(6) To file a certified list of all salaries and nonaccountable fees
received by each elected county official by virtue of his office for the
preceding calendar year before March first with the secretary of state
and any county clerk who fails to do so shall not receive any
remuneration for his services until he complies with this subdivision.

2. The secretary of state shall prepare and distribute to each county
clerk of the state not later than January fifteenth of each year a
standardized form, with instructions, on which each county official shall
file his report. Failure to receive such forms shall not excuse any
county official from filing the information as required by this section.
(RSMo 1939 § 13823, A.L. 1963 p. 109, A.L. 1965 p. 162)

Prior revisions: 1929 § 12161; 1919 § 9559; 1909 § 3780

CROSS REFERENCE: County clerk ex officio budget officer, when, RSMo 50.530

The county clerk in counties of the second class shall assist the
county assessor in abstracting information on personal property
assessment lists as to the number of each and every item of personal
tangible property for certification to the county commission on or before
June first of each year. (L. 1965 p. 150 § 2)

Each county clerk, on or before the thirtieth day of June,
annually, shall make out and transmit to the state board of education, at
Jefferson City, a report of school districts in his county made by him
according to the form prescribed by the state board of education; such
report to include the amount of income of the school funds of the county,
the amount realized from taxes collected therein, the amount of
replacement tax under section 6(2) of article X of the Constitution of
Missouri and the assessed valuation of each district within the county by
the categories specified in section 137.115, RSMo. (L. 1963 p. 200 §
15-1, A.L. 1977 H.B. 130, A.L. 1986 S.B. 707)

(Source: RSMo 1959 § 165.090)

Effective 6-27-86

In all counties of class three and four which shall enter into an
agreement with the state agency to place county employees under the
Federal Social Security Act in accordance with the provisions of sections
105.300 to 105.440, RSMo, it shall be the duty of the county clerk to
keep necessary records, collect contributions of county employees and
remit the same to the state agency, and do all other administrative acts
required by the agreement or by ruling of the federal or state agency in
order to carry out the purposes of the aforesaid law. (L. 1951 p. 405 §
51.415, A.L. 1959 S.B. 63)

In all first class counties not having a charter form of
government, the clerk of the county commission shall prepare and issue
all county licenses established by law, and collect the county fees
therefor and remit the same to the county treasury, and he shall receive
and retain no fees, compensation or emoluments of whatever nature for the
performance of any official duty other than the compensation prescribed
by section 51.281. (L. 1945 p. 574 §§ 2, 3, A. 1949 H.C.S. H.B. 2008,
2009, A.L. 1963 p. 110, A.L. 1971 H.B. 484, A.L. 1973 H.B. 667, A.L. 1978
S.B. 775, A.L. 1987 S.B. 65, et al.)

Effective 1-1-88

1. The county clerk in any county, other than in a first
classification county, shall receive an annual salary computed as set
forth in the following schedule. The assessed valuation factor shall be
the amount thereof as shown for the year next preceding the computation.
The provisions of this section shall not permit or require a reduction in
the amount of compensation being paid for the office of clerk on January
1, 1997.

Assessed Valuation Salary $ 18,000,000 to 40,999,999 $29,000

41,000,000 to 53,999,999 30,000

54,000,000 to 65,999,999 32,000

66,000,000 to 85,999,999 34,000

86,000,000 to 99,999,999 36,000

100,000,000 to 130,999,999 38,000

131,000,000 to 159,999,999 40,000

160,000,000 to 189,999,999 41,000

190,000,000 to 249,999,999 41,500

250,000,000 to 299,999,999 43,000

300,000,000 or more 45,000

2. Two thousand dollars of the salary authorized in this section shall be
payable to the clerk only if the clerk has completed at least twenty
hours of classroom instruction each calendar year relating to the
operations of the clerk's office when approved by a professional
association of the county clerks of Missouri unless exempted from the
training by the professional association. The professional association
approving the program shall provide a certificate of completion to each
clerk who completes the training program and shall send a list of
certified clerks to the treasurer of each county. Expenses incurred for
attending the training session may be reimbursed to the county clerk in
the same manner as other expenses as may be appropriated for that purpose.

3. The county clerk may retain any fees to which he is entitled for
services performed in the issuance of fish and game licenses or permits.

4. The county clerk in any county, other than a first classification
charter county or a first classification county not having a charter form
of government and not containing any part of a city with a population of
three hundred thousand or more, shall not, except upon two-thirds vote of
all the members of the salary commission, receive an annual compensation
in an amount less than the total compensation being received for the
office of county clerk in the particular county for services rendered or
performed on the date the salary commission votes. (L. 1987 S.B. 65, et
al. § 1, A.L. 1988 S.B. 431, A.L. 1997 S.B. 11)

CROSS REFERENCE: Compensation in certain first class, noncharter
counties, RSMo 50.343

1. The county clerk in any county of the first class not having a
charter form of government and which contains a portion of a city with a
population of three hundred thousand or more shall receive an annual
salary computed on an assessed valuation basis as set forth in the
following schedule. Except as provided in section 50.333, RSMo, the
amount provided by this section shall be the total compensation for all
services performed by such clerk. The assessed valuation factor shall be
the amount thereof as shown for the year next preceding the computation.
The provisions of this section shall not permit or require a reduction in
the amount of compensation received by any person holding the office of
clerk on January 1, 1988.

Assessed Valuation Salary Less than $25,000,000 $26,500 25,000,001 to
50,000,000 27,500 50,000,001 to 75,000,000 28,500 75,000,001 to
100,000,000 29,500 100,000,001 to 125,000,000 30,500 125,000,001 to
150,000,000 31,500 150,000,001 to 200,000,000 32,500 200,000,001 to
300,000,000 33,500 300,000,001 to 400,000,000 34,500 400,000,001 to
500,000,000 36,500 500,000,001 to 750,000,000 39,500 750,000,001 to
1,000,000,000 41,500 1,000,000,001 or more 42,500

2. Two thousand dollars of the salary authorized in this section shall be
payable to the clerk only if he has completed at least twenty hours of
classroom instruction each calendar year relating to the operations of
the clerk's office when approved by a professional association of the
county clerks of Missouri unless exempted from the training by the
professional association. The professional association approving the
program shall provide a certificate of completion to each clerk who
completes the training program and shall send a list of certified clerks
to the treasurer of each county. Expenses incurred for attending the
training session may be reimbursed to the county clerk in the same manner
as other expenses as may be appropriated for that purpose.

3. The salary provided in this section shall be the total compensation
received by the county clerk, except that he may retain any fees to which
he is entitled for services performed in the issuance of fish and game
licenses or permits. (L. 1988 S.B. 431)

Effective 5-13-88

CROSS REFERENCE: Compensation in certain first class, noncharter
counties, RSMo 50.343

1. The clerk of the county commission in each county of the third
class is entitled to employ deputies and assistants and for the deputies
and assistants, is allowed not less than the amount allowed in 1994.

2. For the purpose of computing the various amounts under the provisions
of subsection 1 of this section, the salary of the clerk of the county
commission is the total compensation provided in section 51.281. (L. 1988
S.B. 431 § 1, A.L. 1994 H.B. 1528)

The clerk of the county commission, in counties of the third and
fourth classes, shall charge and collect in all cases every fee accruing
to his office by law, except such fees as are chargeable to the county.
(RSMo 1939 § 13433, A.L. 1945 p. 1524 § 7, A.L. 1945 p. 1544 § 7, A. 1949
H.C.S. H.B. 2008, 2009)

Prior revisions: 1929 § 11811; 1919 § 11019; 1909 § 10722

The county clerk shall charge a fee of three dollars for each
certificate, bond, filing, petition, license, order, recording, or other
document, writing, or transaction handled in accordance with the duties
of the office of county clerk. The clerk shall pay into the treasury of
the county any and all fees collected under the provisions of this
section. (RSMo 1939 § 13403, A.L. 1979 H.B. 148)

Prior revisions: 1929 § 11781; 1919 § 10990; 1909 § 10694

The clerk of the county commission of all counties of the first
class not having a charter form of government shall appoint such
assistants, clerks and deputies as he deems necessary for the proper
discharge of the duties of his office and may set their compensation
within the limits of the allocations made for that purpose by the county
commission. The compensation for the assistant clerks and deputies shall
be paid in equal installments out of the county treasury in the same
manner as other county employees are paid. (RSMo 1939 § 13466, A.L. 1945
p. 1566 § 13135, A.L. 1947 V.I p. 520, A. 1949 H.C.S. H.B. 2008, 2009,
A.L. 1951 p. 388 A.L. 1955 p. 354, A.L. 1961 p. 267, A.L. 1971 H.B. 484,
A.L. 1973 H.B. 667)

Prior revisions: 1929 § 11834; 1919 § 11040; 1909 § 10738

The clerk of the county commission, in counties of the second
class, shall be entitled to have and to appoint such a number of deputies
and assistants, as the county clerk, with the approval of the county
commission, shall find necessary for the prompt and proper discharge of
the duties of his office, and the deputies and assistants, so appointed,
shall receive such salaries as may be fixed by the county clerk, with the
approval of the county commission. The salaries of all such deputies and
assistants shall be paid by the county in the same manner as the salary
of the county clerk is paid. (L. 1945 p. 1559 § 2)

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