Fairfax to put clerk appointment question on ballot

Fairfax will ask voters to decide whether the town clerk should be an appointed office.

The Town Council voted to advance the issue to Nov. 5 ballot during a meeting on Wednesday. The vote was 4 to 1, with Councilmember Stephanie Hellman against.

“I am not convinced this is a priority,” said Hellman, who instead proposed a series of checks and regulations on the position.

Town Attorney Janet Coleson said that the ballot measure would allow voters to decide whether the position should be appointed or elected. Town Manager Heather Abrams said many clerks in Marin municipalities are already appointed.

In Fairfax, Michele Gardner held the position and also served as deputy town clerk, a staff position, until she retired last year. The position is up for election in 2026.

In the interim, Christine Foster is filling both roles. Abrams said recruitment is underway to fill the deputy town clerk position.

The elected town clerk is unpaid and all the responsibilities are delegated to the employees.

Mayor Barbara Coler said the town has been lucky to have Gardner in the role.

“You could get someone who is not upstanding and would want to cause a lot of havoc,” Coler said. “I would like people to be able to vote on this issue.”

Gardner will hold the elected position until the conclusion of her term in 2026. If the measure passes, the council would appoint someone to fill role and the person could already be a town employee.

Abrams said that over the years the position has become highly professionalized. Clerks are responsible for ensuring the law is followed regarding election filings, public records requests, document management, parliamentary procedures, the Brown Act and other requirements.

“All of that is very technical, it’s very important. It’s part of the democratic process but at this point requires a lot of training and understanding,” Abrams said.

Town codes and state law do not have formal accountability for not performing the function, she said. The only legal requirements are the person is over 18 and a town resident. There are concerns about a person being unprepared for the job, or being elected in order to disrupt town proceedings, Abrams said.

“If someone chose to do that and did it wrong, the town would have to take on responsibility for unwinding that, or defending that, or whatnot,” Abrams said.

The town treasurer will remain an elected position under the current rules. Janet Garvin, who holds the position, is paid $300 a month for her role in the finance department, which is overseen by Finance Director Michael Vivrette.

In San Anselmo, the Town Council decided this month to skip a potential ballot measure that would have allowed voters to decide whether to continue to elect a town clerk and treasurer. Councilmembers Brian Colbert and Tarrell Kullaway voted in support. Mayor Eileen Burke and councilmembers Alexis Fineman and Steve Burdo voted against the resolution.