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Clerk (legislature)

Senior administrative officer in a legislature

Clerk (legislature)

Summary

Senior administrative officer in a legislature

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 secretary general (British English: ; American English: ) 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 preside over an election of a new presiding officer. The clerk sometimes has a ceremonial role. A clerk may also advise the speaker or members on parliamentary procedure, acting in American parlance as a "parliamentarian".

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 clerk of the House 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.

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
Australia Parliament of AustraliaClerkClerk
— Australian Capital Territory Australian Capital Territory Legislative AssemblyClerkN/AUnicameral. Federal territory of Australia.
— New South Wales Parliament of New South WalesClerkClerkThe clerk of the Legislative Council is formally known as the clerk of the Parliaments and clerk of the Legislative Council.
— Northern Territory Northern Territory Legislative AssemblyClerkN/AUnicameral. Federal territory of Australia.
— Queensland Parliament of QueenslandClerkN/AUnicameral.
— South Australia Parliament of South AustraliaClerkClerk
— Tasmania Parliament of TasmaniaClerkClerk
— Victoria Parliament of VictoriaClerkClerk
— Western Australia Parliament of Western AustraliaClerkClerkThe clerk of the Legislative Council is formally known as the clerk of the Legislative Council and clerk of the Parliaments.
Canada Parliament of CanadaClerkClerkThe clerk of the Senate is formally known as the clerk of the Senate and clerk of the Parliaments.
—Alberta Legislative Assembly of AlbertaClerkN/AUnicameral.
—British Columbia Legislative Assembly of British ColumbiaClerkN/AUnicameral
—Manitoba Legislative Assembly of ManitobaClerkN/AUnicameral
—New Brunswick Legislative Assembly of New BrunswickClerkN/AUnicameral
—Newfoundland and Labrador Newfoundland and Labrador House of AssemblyClerkN/AUnicameral
—Northwest Territories Legislative Assembly of the Northwest TerritoriesClerkN/AUnicameral
—Nova Scotia Nova Scotia House of AssemblyChief ClerkN/AUnicameral
—Nunavut Nunavut Legislative AssemblyClerkN/AUnicameral
—Ontario Legislative Assembly of OntarioClerkN/AUnicameral
—Prince Edward Island Legislative Assembly of Prince Edward IslandClerkN/AUnicameral
—Quebec National Assembly of QuebecSecretary GeneralN/AUnicameral. The post of secretary general was formerly called greffier in French.
—Saskatchewan Legislative Assembly of SaskatchewanClerkN/AUnicameral
—Yukon Yukon Legislative AssemblyClerkN/AUnicameral
India Parliament of IndiaSecretary GeneralSecretary General
New Zealand Parliament of New ZealandClerkN/AUnicameral. The Clerk of the upper house was called the clerk of the Parliaments prior to abolition.
UK Parliament of the United KingdomClerkClerkThe 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.
—Northern Ireland Northern Ireland AssemblyClerkN/AUnicameral
—Scotland Scottish ParliamentClerkN/AUnicameral
—Wales Senedd Cymru/Welsh ParliamentClerk (Clerc)N/AUnicameral
—Isle of Man Tynwald CourtSecretaryClerkBicameral, 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.

Asia

LegislatureClerk of sole or lower houseClerk of upper houseNotes
PRC National People's CongressSecretary 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.
—Hong Kong Legislative Council of Hong KongSecretary GeneralN/AUnicameral
—Macau Legislative Assembly of MacauSecretary GeneralN/AUnicameral
Israel KnessetSecretaryN/AUnicameral
Philippines Congress of the PhilippinesSecretary GeneralSecretary

Europe

LegislatureClerk of sole or lower houseClerk of upper houseNotes
Belarus National Assembly of BelarusDirector of the SecretariatDirector of the Secretariat
Spain Cortes GeneralesGeneral 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. 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
Greenland InatsisartutDirectorN/A
Mexico Congress of the UnionSecretary GeneralSecretary General
US United States CongressClerkSecretaryElected every two years.
—AlabamaAlabama LegislatureClerkSecretaryThe deputy to the clerk of the House is called the chief clerk.
—Alaska Alaska LegislatureChief ClerkSecretary
—Arizona Arizona State LegislatureChief ClerkSecretary
—Arkansas Arkansas General AssemblyChief ClerkSecretaryThe chief clerk is appointed by the speaker and confirmed by the House by simple majority.
—California California State LegislatureChief ClerkSecretaryElected every two years.
—Colorado Colorado General AssemblyChief ClerkSecretary
—Connecticut Connecticut General AssemblyClerkClerk
—Delaware Delaware General AssemblyChief ClerkSecretary
—Washington, D.C. Council of the District of ColumbiaSecretaryN/AFederal District. Unicameral.
—Florida Florida LegislatureClerkSecretary
—Georgia (U.S. state) Georgia General AssemblyClerkSecretary
—Hawaii Hawaii LegislatureChief ClerkClerk
—Idaho Idaho LegislatureChief ClerkSecretary
—Illinois Illinois General AssemblyClerkSecretary
—Iowa Iowa General AssemblyChief ClerkSecretary
—Kansas Kansas LegislatureChief ClerkSecretary
—Kentucky Kentucky General AssemblyChief ClerkChief Clerk
—Louisiana Louisiana LegislatureClerkSecretary
—Maine Maine LegislatureClerkSecretary
—Maryland Maryland General AssemblyChief ClerkSecretary
—Massachusetts Massachusetts General CourtClerkClerk
—Michigan Michigan LegislatureClerkSecretary
—Minnesota Minnesota LegislatureChief ClerkSecretary
—Mississippi Mississippi LegislatureClerkSecretary
—Missouri Missouri General AssemblyChief ClerkSecretary
—Montana Montana LegislatureChief ClerkSecretary
—Nebraska Nebraska LegislatureClerkN/AUnicameral. The current sole house was the Senate before the House of Representatives was abolished in 1936.
—Nevada Nevada LegislatureChief ClerkSecretary
—New Hampshire New Hampshire General CourtClerkClerk
—New Jersey New Jersey LegislatureClerkSecretary
—New Mexico New Mexico LegislatureChief ClerkChief Clerk
—New York New York LegislatureClerkSecretary
—North Carolina North Carolina General AssemblyClerkClerk
—North Dakota North Dakota Legislative AssemblyChief ClerkSecretary
—Ohio Ohio General AssemblyClerkClerk
—Oklahoma Oklahoma LegislatureChief ClerkSecretary
—Oregon Oregon Legislative AssemblyChief ClerkSecretary
—Pennsylvania Pennsylvania General AssemblyChief ClerkSecretary-ParliamentarianThe secretary-parliamentarian acts as both the chief administrative officer and parliamentarian of the Senate. The Senate also has a chief clerk, who is the chief fiscal officer, and holds other miscellaneous administrative duties.
—Puerto Rico Legislative Assembly of Puerto RicoSecretarySecretaryUnincorporated territory of the United States.
—Rhode Island Rhode Island General AssemblyClerkSecretary
—South Carolina South Carolina General AssemblyClerkClerk
—South Dakota South Dakota LegislatureChief ClerkSecretary
—Tennessee Tennessee General AssemblyChief ClerkChief Clerk
—Texas Texas LegislatureChief ClerkSecretary
—Utah Utah State LegislatureChief ClerkSecretary
—Vermont Vermont General AssemblyClerkSecretary
—Virginia Virginia General AssemblyClerkClerk
—Washington Washington State LegislatureChief ClerkSecretary
—West Virginia West Virginia LegislatureClerkClerkThe clerk of the House is ex-officio the keeper of the Rolls of the Legislature.
—Wisconsin Wisconsin State LegislatureChief ClerkChief Clerk
—Wyoming Wyoming State LegislatureChief 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.
Committee clerkResponsible for the administrative operations of a parliamentary committee, and advises the chair and members on procedural matters. 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. The Reading Clerk in the House of Lords is responsible for reading letters patents and writs of summons of newly created peers, as well as commissions granting Royal Assent, and recording daily attendance.

Notes

References

References

  1. "Secrétaire général".
  2. "Parliament's People".
  3. "Roles of Members & Officers".
  4. (2006-04-05). "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]]).
  5. "Bureau for Inatsisartut Organisationsdiagram".
  6. (3 January 2023). "Rules of the Senate of Pennsylvania (2023-2024)".
  7. (3 January 2023). "Rules of the Senate of Pennsylvania (2023-2024)".
  8. Joint Rules of the Senate and House of Delegates (West Virginia Legislature), Rule 18 Record of Enrolled Bills
  9. "Clerk Assistant".
  10. "Committees: Who's who?".
  11. "The Office of Legislative Operations".
  12. (2019). "Erskine May's treatise on the law, privileges, proceedings and usage of Parliament".
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