Clerk (legislature)

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In Commonwealth countries, senior clerks will often sit on a table in-front of the presiding officer, and are accordingly known as the clerks at the table Senate Chamber, Canadian Parliament Centre Block (14766295932).jpg
In Commonwealth countries, senior clerks will often sit on a table in-front of the presiding officer, and are accordingly known as the clerks at the table

The clerk, chief clerk, secretary, or secretarygeneral (British English: /klɑːrk/ ; American English: /klɜːrk/ ) of a legislative chamber is the senior administrative officer responsible for ensuring that its business runs smoothly. This may encompass keeping custody of documents lain before the house, received, or produced; making records of proceedings; allocating office space; enrolling of members, and administering an oath of office. During the first sitting of a newly elected legislature, or when the current presiding officer steps down, they may act as the presiding officer in the election of a new presiding officer such as the speaker or president. The clerk in some cases has a ceremonial role. A clerk may also advise the speaker or members on parliamentary procedure, acting in American parlance as a "parliamentarian".

Contents

In the English speaking world, a parliamentary, legislative or congressional clerk is often used to refer to other officials who are involved with procedural operations within a legislature, and usually assist the most senior clerk in fulfilling their duties. The expression clerking can be used to describe working with the procedural aspects of a legislative assembly.

Appointment

In the Westminster system, the clerk is usually an apolitical civil servant, and typically attains the position through promotion and retains it until retirement. In the UK, the clerks of both houses are appointed by letters patent from the Sovereign. Junior clerks may be appointed by the clerk of the House or by the presiding officer, and may have to be confirmed by the members. [a]

In the United States, while clerks are usually nonpartisan, they are often elected by the assembly members at the beginning of each term. At the federal level, and typically at state level, the lower house has a "(chief) clerk" while the upper house has a "secretary".

Clerks of the House by legislature

Commonwealth

LegislatureClerk of sole or lower houseClerk of upper houseNotes
Flag of Australia (converted).svg Parliament of Australia Clerk Clerk
Flag of the Australian Capital Territory.svg Australian Capital Territory Legislative Assembly ClerkN/AUnicameral. Federal territory of Australia.
Flag of New South Wales.svg Parliament of New South Wales ClerkClerkThe clerk of the Legislative Council is formally known as the clerk of the Parliaments and clerk of the Legislative Council.
Flag of the Northern Territory.svg Northern Territory Legislative Assembly ClerkN/AUnicameral. Federal territory of Australia.
Flag of Queensland.svg Parliament of Queensland ClerkN/AUnicameral.
Flag of South Australia.svg Parliament of South Australia ClerkClerk
Flag of Tasmania.svg Parliament of Tasmania ClerkClerk
Flag of Victoria (Australia).svg Parliament of Victoria ClerkClerk
Flag of Western Australia.svg Parliament of Western Australia ClerkClerkThe clerk of the Legislative Council is formally known as the clerk of the Legislative Council and clerk of the Parliaments.
Flag of Canada (Pantone).svg Parliament of Canada Clerk Clerk The clerk of the Senate is formally known as the clerk of the Senate and clerk of the Parliaments.
Flag of Alberta.svg Legislative Assembly of Alberta ClerkN/AUnicameral.
Flag of British Columbia.svg Legislative Assembly of British Columbia ClerkN/AUnicameral
Flag of Manitoba.svg Legislative Assembly of Manitoba ClerkN/AUnicameral
Flag of New Brunswick.svg Legislative Assembly of New Brunswick ClerkN/AUnicameral
Flag of Newfoundland and Labrador.svg Newfoundland and Labrador House of Assembly ClerkN/AUnicameral
Flag of the Northwest Territories.svg Legislative Assembly of the Northwest Territories ClerkN/AUnicameral
Flag of Nova Scotia.svg Nova Scotia House of Assembly Chief ClerkN/AUnicameral
Flag of Nunavut.svg Nunavut Legislative Assembly ClerkN/AUnicameral
Flag of Ontario.svg Legislative Assembly of Ontario ClerkN/AUnicameral
Flag of Prince Edward Island.svg Legislative Assembly of Prince Edward Island ClerkN/AUnicameral
Flag of Quebec.svg National Assembly of Quebec Secretary GeneralN/AUnicameral. The post of secretary general was formerly called greffier in French. [1]
Flag of Saskatchewan.svg Legislative Assembly of Saskatchewan ClerkN/AUnicameral
Flag of Yukon.svg Yukon Legislative Assembly ClerkN/AUnicameral
Flag of India.svg Parliament of India Secretary General Secretary General
Flag of New Zealand.svg Parliament of New Zealand Clerk N/AUnicameral. The Clerk of the upper house was called the clerk of the Parliaments prior to abolition. [2]
Flag of the United Kingdom.svg Parliament of the United Kingdom Clerk Clerk The clerk of the House of Lords is known as the clerk of the Parliaments, and the clerk of the House of Commons is formally the under-clerk of the Parliaments, but the latter title is seldom used.
Flag of Scotland.svg Scottish Parliament Clerk N/AUnicameral
Flag of Wales (1959-present).svg Senedd Cymru (Wales) Clerk (Clerc)N/AUnicameral
Flag of the Isle of Man.svg Tynwald Court (Isle of Man)SecretaryClerkBicameral, however when the Houses are sitting together they become the Tynwald Court. The clerk of Tynwald is ex-officio the secretary of the House of Keys and the chief administrative officer for the entire Court. [3]

Asia

LegislatureClerk of sole or lower houseClerk of upper houseNotes
Flag of the People's Republic of China.svg National People's Congress Secretary GeneralN/AUnicameral, however the Standing Committee of the National People's Congress is a permanent body of the Congress which often acts as the national legislature.
Flag of Hong Kong.svg Legislative Council of Hong Kong Secretary General N/AUnicameral
Flag of Macau.svg Legislative Assembly of Macau Secretary GeneralN/AUnicameral
Flag of Israel.svg Knesset Secretary N/AUnicameral
Flag of the Philippines.svg Congress of the Philippines Secretary GeneralSecretary

Europe

LegislatureClerk of sole or lower houseClerk of upper houseNotes
Flag of Belarus.svg National Assembly of Belarus Director of the SecretariatDirector of the Secretariat
Flag of Spain.svg Cortes Generales General Secretary (Secretario General)Senior Clerk ( Letrado mayor )The general secretary of the Congress of Deputies is also ex officio senior clerk of the whole Parliament ( Letrado mayor de las Cortes Generales ). Both clerks are elected by the bureaus of their respective chambers, and must be civil servants from the Parliament. [4] The regional assemblies also have this officer with the same name of senior clerk.

North America

LegislatureClerk of sole or lower houseClerk of upper houseNotes
Flag of Greenland.svg Inatsisartut DirectorN/A [5]
Flag of Mexico.svg Congress of the Union Secretary GeneralSecretary General
Flag of the United States.svg United States Congress Clerk Secretary Elected every two years.
Flag of Alabama.svg Alabama Legislature ClerkSecretaryThe deputy to the clerk of the House is called the chief clerk.
Flag of Alaska.svg Alaska Legislature Chief ClerkSecretary
Flag of Arizona.svg Arizona State Legislature Chief ClerkSecretary
Flag of Arkansas.svg Arkansas General Assembly Chief ClerkSecretaryThe chief clerk is appointed by the speaker and confirmed by the House by simple majority.
Flag of California.svg California State Legislature Chief Clerk Secretary Elected every two years.
Flag of Colorado.svg Colorado General Assembly Chief ClerkSecretary
Flag of Connecticut.svg Connecticut General Assembly ClerkClerk
Flag of Delaware.svg Delaware General Assembly Chief ClerkSecretary
Flag of Washington, D.C.svg Council of the District of Columbia SecretaryN/AFederal District. Unicameral.
Flag of Florida.svg Florida Legislature ClerkSecretary
Flag of Georgia (U.S. state).svg Georgia General Assembly ClerkSecretary
Flag of Hawaii.svg Hawaii Legislature Chief ClerkClerk
Flag of Idaho.svg Idaho Legislature Chief ClerkSecretary
Flag of Illinois.svg Illinois General Assembly ClerkSecretary
Flag of Iowa.svg Iowa General Assembly Chief ClerkSecretary
Flag of Kansas.svg Kansas Legislature Chief ClerkSecretary[ citation needed ]
Flag of Kentucky.svg Kentucky General Assembly Chief ClerkChief Clerk
Flag of Louisiana.svg Louisiana Legislature ClerkSecretary
Flag of Maine.svg Maine Legislature ClerkSecretary
Flag of Maryland.svg Maryland General Assembly Chief ClerkSecretary
Flag of Massachusetts.svg Massachusetts General Court ClerkClerk
Flag of Michigan.svg Michigan Legislature ClerkSecretary
Flag of Minnesota.svg Minnesota Legislature Chief ClerkSecretary
Flag of Mississippi.svg Mississippi Legislature ClerkSecretary
Flag of Missouri.svg Missouri General Assembly Chief ClerkSecretary
Flag of Montana.svg Montana Legislature Chief ClerkSecretary
Flag of Nebraska.svg Nebraska Legislature ClerkN/AUnicameral. The current sole house was the Senate before the House of Representatives was abolished in 1936.
Flag of Nevada.svg Nevada Legislature Chief ClerkSecretary
Flag of New Hampshire.svg New Hampshire General Court ClerkClerk
Flag of New Jersey.svg New Jersey Legislature ClerkSecretary
Flag of New Mexico.svg New Mexico Legislature Chief ClerkChief Clerk
Flag of New York.svg New York Legislature ClerkSecretary
Flag of North Carolina.svg North Carolina General Assembly ClerkClerk
Flag of North Dakota.svg North Dakota Legislative Assembly Chief ClerkSecretary
Flag of Ohio.svg Ohio General Assembly ClerkClerk
Flag of Oklahoma.svg Oklahoma Legislature Chief ClerkSecretary
Flag of Oregon.svg Oregon Legislative Assembly Chief ClerkSecretary
Flag of Pennsylvania.svg Pennsylvania General Assembly Chief ClerkSecretary-ParliamentarianThe secretary-parliamentarian acts as both the chief administrative officer and parliamentarian of the Senate. [6] The Senate also has a chief clerk, who is the chief fiscal officer, and holds other miscellaneous administrative duties. [7]
Flag of Puerto Rico.svg Legislative Assembly of Puerto Rico ClerkSecretaryUnincorporated territory of the United States.
Flag of Rhode Island.svg Rhode Island General Assembly ClerkSecretary
Flag of South Carolina.svg South Carolina General Assembly ClerkClerk
Flag of South Dakota.svg South Dakota Legislature Chief ClerkSecretary
Flag of Tennessee.svg Tennessee General Assembly Chief ClerkChief Clerk
Flag of Texas.svg Texas Legislature Chief ClerkSecretary
Flag of Utah.svg Utah State Legislature Chief ClerkSecretary
Flag of Vermont.svg Vermont General Assembly ClerkSecretary
Flag of Virginia.svg Virginia General Assembly ClerkClerk
Flag of Washington.svg Washington State Legislature Chief ClerkSecretary
Flag of West Virginia.svg West Virginia Legislature ClerkClerkThe clerk of the House is ex-officio the keeper of the Rolls of the Legislature. [8]
Flag of Wisconsin.svg Wisconsin State Legislature Chief ClerkChief Clerk
Flag of Wyoming.svg Wyoming State Legislature Chief ClerkChief Clerk

Other officials

Other administrative and procedural officials in legislatures of English-speaking countries will often be referred to as clerks, even if their formal job title doesn’t. It is noteworthy that whilst mostly similar, certain roles may have different responsibilities between the Commonwealth and United States.

NameNotes
Clerk assistantSometimes used as the title for the deputy clerk of the House, such as in the UK House of Commons. [9]
Committee clerkResponsible for the administrative operations of a parliamentary committee, and advises the chair and members on procedural matters. [10] The most senior committee clerk is sometimes known as the Clerk of Committees.
Journal clerkResponsible for the upkeep of the chamber’s journal and other official records such as minutes of proceedings, however the verbatim record is usually the responsibility of a separate official. The most senior journal clerk is sometimes known as the clerk of the journals.
Reading clerkIn the United States they are usually responsible for the oral reading of bills, motions, amendments and other items that the chamber may order. [11] The Reading Clerk in the House of Lords is responsible for reading letters patents and writs of summons of newly created peers, and commissions granting Royal Assent, as well as recording daily attendance. [12]

See also

Notes

  1. For instance, the Clerk of the Parliaments Act 1824 provides that the clerk assistant and other clerks officiating at the table of the House of Lords are nominated and appointed by the Lord Speaker subject to the approval of the House, and other clerks are appointed directly by the clerk of the Parliaments.

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References

  1. "Secrétaire général". Assemblee Nationale du Quebec. Retrieved 12 March 2024.
  2. "Parliament's People". New Zealand History. Retrieved 3 October 2023.
  3. "Roles of Members & Officers". Tynwald. Retrieved 3 October 2023.
  4. "Agreement of March 27, 2006, adopted by the Bureaus of the Congress of Deputies and the Senate in a joint meeting, approving the Staff Statute of the Cortes Generales". Boletín Oficial del Estado (Official State Gazette): article 6. 5 April 2006. Retrieved 17 July 2024.
  5. "Bureau for Inatsisartut Organisationsdiagram" (PDF). Inatsisartut. Retrieved 3 October 2023.
  6. Rules of the Senate of Pennsylvania (2023-2024). Rule 6 Duties of the Secretary-Parliamentarian. 3 January 2023.{{cite book}}: CS1 maint: location (link) CS1 maint: location missing publisher (link)
  7. Rules of the Senate of Pennsylvania (2023-2024). Rule 7 Duties of the Chief Clerk of the Senate. 3 January 2023.{{cite book}}: CS1 maint: location (link) CS1 maint: location missing publisher (link)
  8. Joint Rules of the Senate and House of Delegates (West Virignia Legislature), Rule 18 Record of Enrolled Bills
  9. "Clerk Assistant". UK Parliament. Retrieved 27 October 2024.
  10. "Committees: Who's who?". Senedd Cymru/Welsh Parliament. Retrieved 26 October 2024.
  11. "The Office of Legislative Operations". Clerk of the United States House of Representatives. Retrieved 26 October 2024.
  12. Erskine May's treatise on the law, privileges, proceedings and usage of Parliament (25th ed.). Part 1, Paragraph 6.33. 2019. Retrieved 13 March 2024.{{cite book}}: CS1 maint: location (link) CS1 maint: location missing publisher (link)