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".
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".
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.
Bicameral, 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]
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.
The 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]
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.
Name
Notes
Clerk assistant
Sometimes used as the title for the deputy clerk of the House, such as in the UK House of Commons.[9]
Committee clerk
Responsible 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 clerk
Responsible 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 clerk
In 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]
^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.
^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)
^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)
^Joint Rules of the Senate and House of Delegates (West Virignia Legislature), Rule 18 Record of Enrolled Bills