22 | LEGISLATIVE STAFF Pillars of the Statehouse Legislative clerks and secretaries enforce the rules, record proceedings, and this year, celebrate the 70th anniversary of their professional staff network.

By Angela Andrews

hief clerks and secretaries may be few in number, but they’re mighty in stature. They were the first type of legislative staff and are the backbone of a legisla- tive chamber. They serve as parliamentarians, chief administrative officers and record-keepers. They over- see the legislative process and ensure its rules, tradi- Ctions and practices are followed. This year marks the 70th anniversary of the American Society of Legislative Clerks and Secretaries (ASLCS), the professional organiza- tion for these legislative staff members. As their jobs have grown in complexity and expanded in responsibilities, it’s clear the organization has not only provided great professional develop- Clerk of the ment opportunities, but personal support as well. House of Karen Wadsworth, clerk of the New Hamp- Representatives shire House of Representatives since 1994, says Karen Wadsworth the organization is like family with coast-to- New Hampshire country that you can call in a moment’s notice to coast connections. “When most people see that your job title get professional advice,” says Patsy Spaw, sec- is clerk, they think it’s someone ringing up an retary of the Texas Senate and immediate past order at 7-Eleven. It’s nice to be part of a group staff chair of NCSL. “I’ve had the opportunity that understands exactly what I do and that has to be mentored by, and rub shoulders with, the the knowledge to answer my parliamentary best of the best who care about your professional questions,” she says. development.” Secretary of Scott Kaiser, assistant secretary of the Illinois But, beyond the professional development the Senate Assistant Senate, adds that it can boost one’s confidence to and support, ask any member what the society Patsy Spaw Secretary of the know, from talking with other clerks and secre- means to them and the answer is always the Texas Senate taries, that the frustrations, challenges and strug- same: friendship. “I’ve met wonderful friends that I’ve been able Scott Kaiser gles he faces as part of his job in Illinois, “are no to share life experiences with and, if given the opportunity, I’d Illinois different elsewhere.” do a lot for them in a heartbeat,” says Patrick O’Donnell, clerk of The American Society of Legislative Clerks and Secretaries is the Nebraska Legislature and former NCSL staff chair. “We are an “incredible network of clerks and secretaries from across the all in a similar position, and we all have passion for our work and respect for the legislative institution.” Angela Andrews is NCSL’s staff liaison to the American Society of Legislative The organization was founded in 1943, but clerks and secretar- Clerks and Secretaries. ies date as far back as 1619, when the first-known U.S. clerk, John

STATE LEGISLATURES | SEPTEMBER 2013 LEGISLATIVE STAFF | 23 “When people see that your job title is clerk, they think it’s someone ringing up an order at 7-Eleven. It’s nice to be part of a group that understands exactly what I do.”

­—KAREN WADSWORTH, CLERK OF THE NEW HAMPSHIRE HOUSE OF REPRESENTATIVES

Patrick O’Donnell A Presence Behind the Podium

Patrick O’Donnell, clerk of the Nebraska Legislature, has spent more than 36 years protecting the institution. He is the longest serving clerk currently in office and one of the most respected. He’s a guiding light for those new in their roles. “I try to sensitize new clerks and secretaries about their role in the legislature. I want them to understand that they help state legislatures work better.” O’Donnell got his start in Nebraska’s Unicameral in 1974, as a Clerk of the senior in law school. Three years later he was elected assistant clerk, Legislature and by the “tender age of 28,” as O’Donnell describes it, he was elected Patrick clerk. When asked if he actively sought the position, O’Donnell says, O’Donnell “I was the guy left standing, but I was also in the right place at the Nebraska right time. I was scared to death, but I was also willing to work hard.” At the national level, O‘Donnell served as president of the American Society of Legisla- tive Clerks and Secretaries in 1987 and as staff chair for NCSL during the 1989–1990 term. He also has participated in periodic revisions of Mason’s Manual of Legislative Procedure. Colleagues across the country often seek O’Donnell’s advice, insight and wisdom, but what’s the best advice he’s received? “A few years after I was elected clerk, one of my members said to me: ‘You know what you’re doing, now start acting like it.’ That’s when I learned that having a presence is important.”

Twine, oversaw the House of Burgess in the Colony of Virginia. tary scholar Luther Cushing in “Cushing’s Manual of Parliamen- Not surprising, the duties of the job have expanded greatly tary Practice: Rules of Proceeding and Debate in Deliberative since then. Today’s clerks and secretaries are also responsible Assemblies.” for oversight of public and media relations, chamber technology, “At the end of the session, it is the business of the clerk to see purchasing, printing, and fiscal and human resource operations that the journal of the session is properly prepared, and fairly of the legislature. Spaw, for example, oversees 15 departments, transcribed from the minute books, the printed votes, and the both administrative and legislative. She manages 300 staff original papers that have been laid before the house,” he writes. during the legislative session and 250 during the interim. During sessions, they call roll, tally votes to ensure , read bills Many Paths to the Top into the record and maintain decorum during debates. For most clerks, secretaries and their staff, their interest in But a lot of their work is behind the scene. “Reading of the policymaking walks them through the doors of the capitol, but bills, taking the roll call ... that’s a small part, but the most vis- their love of the institution and of the legislative process is what ible part, of our job,” says Kaiser. Seventy percent of a clerk’s keeps them there. Although the job requires many skills, there is work is administrative and takes place off the , he says. no formal degree program or training to become one. A key part of that administrative work is preparing the cham- Kaiser got the job of assistant secretary after serving as a pol- ber’s journal, the official record of legislative action, a task that icy adviser to the Illinois General Assembly and to Governor Jim remains from when Twine was required to “attend at the table Edgar. He has always been intrigued by the legislative process, and take notes of the orders and proceedings,” writes parliamen- holds a deep respect for the institution, enjoys the traditions of

STATE LEGISLATURES | SEPTEMBER 2013 24 | LEGISLATIVE STAFF

TakeAre thisYou quiz Smarteron legislative Thanrules and a procedures Parliamentarian? before you answer.

What could be more fun than to study a little ? It won’t be time wasted. Rules and pro- cedure are at the heart of the legislative process. “Mason’s Manual of Legislative Procedure” is used in about three- fourths of state legislative chambers and is the source for these answers. A state constitution and a chamber’s rules may trump these answers, but having a general knowledge of all the rules gives a lawmaker the advantage. Let’s practice! —Brenda Erickson

1. Rules of legislative procedure: 6. The enacting clause: 11. A motion to : A. Cannot be altered A. Is located above the signature line for A. Terminates a meeting upon approval B. Can be derived from custom, usage and the governor B. Is subject to debate precedents B. Is added to legislation once approved by C. Is out of order when a is absent C. Aren’t generally followed both chambers C. Is required for a new law to be valid 12. A parliamentary inquiry is: 2. How many motions are available for A. A request for information use by a legislative body? 7. During debate: B. The same as a motion A. 40 to 60, depending on the size of A. Members who yell the loudest get to C. An investigation into a member’s conduct the body speak first on the floor B. 101 (based on the dalmatian rule) B. Members may express approval by C. An unlimited number clapping and cheering 13. The decision of a deliberative body C. Members should contain remarks to the is made: 3. A substitute bill is: issue before the body A. By taking a vote at a meeting A. A new, original introduction B. After each member has expressed an B. A form of an amendment 8.The motion to adjourn: opinion C. A temporary replacement A. Can be made only when there is a quorum C. When the presiding officer votes B. Is always in order 4. A legislative body may discipline C. Cannot be reconsidered 14. A subcommittee: members: A. Reports directly to the senate, house A. Never­­—that power lies solely with the 9. A joint session: or assembly executive branch A. Requires the senate and house to merge B. Is governed by the same rules as its B. As it deems it appropriate into one body parent C. Only when there’s trouble in paradise B. Can be convened only by the governor C. May be appointed by a committee of C. Cannot meet longer than one week the whole 5. Vetoed legislation is: A. First considered by the measure’s 10. The motion to reconsider: 15. Members of a legislature: chamber of origin A. Can only be offered after a minute of A. Are considered equals B. Held at the discretion of the secretary silent reflection B May use the name of the governor to of state B. Can be amended influence votes C. Dead upon arrival in either chamber C. Cannot be amended C. Are a devilish lot

(Answers on page 26)

STATE LEGISLATURES | SEPTEMBER 2013 LEGISLATIVE STAFF | 25 A “Dream Team”’

Paul Mason: Author of “Mason’s Manual of Legislative Procedure” Paul Mason, as chief assistant secretary and parliamentarian of the California Senate, quietly made his mark on the world of state legislatures when he wrote his first “Manual of Legislative Procedure” in 1935. Mason’s hobby was the legislative process—he wrote his mas- ter’s thesis on the topic, published a book on the California Con- stitution, and developed a guide for presiding officers in the form of questions. That guide is believed to be the precursor to today’s Mason’s Manual of Legis- lative Procedure—the No. 1 resource for state legislative rules and procedures. Mason updated his manual six times. Before his death in 1985, he assigned its copyright to NCSL and requested the manual continue to be updated and reprinted, which is done roughly every 10 years by the 16-member Mason’s Manual Commission. It is used by more than 70 percent of the nation’s legislative chambers.

Joseph Beek: Founder of the American Society of Legislative Clerks and Secretaries Joseph Beek wanted to increase communication among the the Illinois Senate and takes pride in “knowing the rules and how nation’s legislative clerks and secretaries. So in 1943, as secre- to use them.” Kaiser kept his eye on the assistant secretary posi- tary of the California Senate, he organized the American Society tion and was elected to it in 2004. of Legislative Clerks and Secretaries (ASLCS) and served as its Karen Wadsworth’s path to the office of clerk of the New president for 25 years. He believed that not only would his pro- Hampshire House of Representatives began in the chamber fession benefit, but that legislatures around the country would itself, where she served for 10 years as a legislator. Known for improve as well. her grasp of the rules in her work with House , Wad- By forming an organized group, Beek believed his colleagues would be sworth was recruited for the clerk position when her predecessor reminded of their role in strengthening the institution and sup- died suddenly. She was hesitant to give up the policy debates ported in their efforts, says Brian Ebbert, assistant chief clerk of she enjoyed as a legislator, but she was intrigued by the role of the California Assembly. clerk and agreed to give it a try. She made history when elected As ASLCS prepares for its 70th birthday celebration in Sac- in 1994 as the first female, and now longest-serving, clerk in the ramento this fall, it’s clear Beek’s vision has been realized. Ask New Hampshire House. She has always been nominated by both any society member what he or she has gained from being a part parties, as well. of the society and the list will be long—friends, professional Assistant Chief In 1969, when electronic typewriters and carbon paper were development, wisdom and invaluable connections. Clerk of the the norm, Patsy Spaw started in the Texas Senate Secretary’s Ebbert, a Beek and Mason scholar, calls the two men “the Assembly office as a typist during the state’s biennial sessions. She discov- dream team.” Yet neither sought the limelight. Brian Ebbert ered each bill had a story behind it, and her interest in the legisla- “They just wanted to improve the legislative process and California tive process bloomed. In 1977 she was elected as the engrossing strengthen the institution,” he says. And they did. and enrolling clerk of the Texas Senate, and served in this posi- tion for 23 years. During this time Spaw grew both personally and professionally, developing the department and learning to If asked, she will give any senator her confidential advice on manage a staff of 60, including 10 lawyers. rules. But she does not participate in policy or political strategy “I had an eagerness to improve, a willingness to learn, I loved sessions with members. what I did, but wanted to do it better.” Furthering her personal Remaining nonpartisan can be challenging during tense development, she earned both her undergraduate degree and law times. Spaw recounts the time in 2003 when Democratic sena- degree. And in 2001 her hard work paided off when she was tors fled to New Mexico to break quorum and avoid a vote on elected secretary of the Texas Senate. redistricting legislation. She was required to sign their arrest warrants and deny them Senate services during their absence. Impartiality Required “I was doing my job, what I had to do, but prayed that the Dem- In most states, clerks and secretaries are required to be non- ocrat senators did not think my actions were a judgment on partisan and unbiased in their decisions. On days when contro- them. We have responsibilities, and we have to fulfill them,” versial bills are debated, Spaw, as a nonpartisan officer, takes says Spaw. extra care to review the chamber’s rules and historical actions. For O’Donnell, a particularly dramatic time occurred during

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one legislative session in the 1980s when the Legislature impeached the the legislature’s not a special place,” she says. sitting attorney general. He was required to follow the rules, as outlined Wadsworth and others often say they help lawmakers understand why in Nebraska’s Constitution, which assigns the job of serving papers to the “things are the way they are.” O’Donnell continually educates his members clerk. He recalls the weighty responsibility of serving papers to both the about the legislative process, the power of the legislature and the impor- attorney general and the state Supreme Court. “The Legislature was in an tance of preserving institutional prerogatives. investigatory mode the entire session. It spent time, energy and money to “Members complain about the amount of time spent on the floor and prepare for the impeachment process and build the record that would be in committee hearings,” says O’Donnell. “I tell them that taking time to used in court. I remember my hand trembling when I took the roll for the argue about something is good—it’s building consensus toward a goal. impeachment vote.” Forty-nine people with different life experiences and talents listening to In some states, clerks and secretaries are partisan officers, selected by each other is a fundamental part of the process.” the party. In the Illinois Senate, for example, the secretary is nom- The position’s challenges include long hours, partisan divisiveness and inated by the majority caucus and the assistant secretary is nominated by public apathy about the legislative process. O’Donnell faces another chal- the minority caucus, but both are elected as officers of the chamber by the lenge: Sensitizing members to the legislative process in a term-limited state. entire body. “I am the constant, the memory and the repository of certain traditions. I can As the assistant secretary of the Illinois Senate, Kaiser shares his respon- advise, but I can’t mentor.” sibilities with the secretary of the Senate, right down to splitting the task Still, most clerks and secretaries and their staffs consider it a privilege of calling the roll. Even with this partisan structure, an arrangement that to serve. “I love my job, especially having access to a variety of people and goes back more than 60 years, Kaiser emphasizes the bipartisan nature of hearing fascinating stories,” says Wadsworth. She cherishes her role as a his position and credits his predecessors for creating an environment that mother figure to many of the new members. She recalls one opening day of values impartiality, even when leadership flips from one party to the other. session when her seamstress skills were called into service to help a newly “We serve all 59 members of the Illinois Senate. We stay above the fray.” elected legislator fit into his newly acquired suit and appear prepared and ready for all the challenges that lay ahead. Long-Term Memory For Kaiser, the best part of the job is the view from the rostrum.“Where Clerks and secretaries prize their roles as protectors of the legislative I sit, I see everybody all at once. It allows me to see something develop institution. When Wadsworth became New Hampshire’s clerk, she says her on the floor before it happens,” he says. While other staff are busy during main goal was to preserve the House’s traditions and long-term memory of session, he relishes the deliberative and steady nature of his position, a job how things have been done and why. “If there’s no institutional memory, that has stood the test of time.

Answers Scoring Answers refer to sections in the 1. B. Section 4 5. A. Section 755-2 9. A. Section 782-2 3. A. Section 520 14 - 15 correct: Parliamentary Whiz 2010 edition of “Mason’s Manual 2. C. Section 181 6. C. Section 729. 10. C. Section 472 14. B. Section 650 12 - 13 Darn Good of Legislative Procedure.” 3. B. Section 415-2 7. C. Section 124-1 11. C. Chapter 21, Sections 214-216 15. A. Introduction, p. 1, 10 - 11 Better Than Some 4. B. Section 561-1 8. C. Section 207-5 12. A. Section 252 and Section 52 9 or fewer: We can sell you a “Mason’s Manual”

STATE LEGISLATURES | SEPTEMBER 2013