House clerk selection process needs a non-partisan refresh

The eighth clerk of the House, Alistair Fraser, like his predecessor, was a failed Liberal Party candidate and appointed by the majority Liberal government in 1967. He served admirably until 1979, when the new Progressive Conservative minority government House leader “asked him to retire.” After consultations with the official opposition, the PC government appointed the ninth clerk, Charles Beverley Koester, by order-in-council. He was the first career public servant so selected, having long served as clerk of the Legislative Assembly of Saskatchewan. He and the-then Speaker Jeanne Sauvé wanted to create a corps of true professional procedural clerks. A retired clerk of the U.K. House of Commons was commissioned to write a report proposing a career structure which sought to ensure the development of and progression of professional procedural clerks and table officers. That report was adopted by the then Board of Internal Economy (BOIE) in 1983. To this day, that career structure is still a House of Commons human resources management policy. The purpose is to develop and train procedural clerks, up to the level of table officers, as knowledge workers whose only loyalty and dedication is to the institution and all members of the House, regardless of party. That career structure does not apply to the clerk, the deputy clerk, the law clerk, and the sergeant-at-arms, whose appointments essentially remain a gift of the governor-in-council. Following up on the work of the Lefebvre/McGrath reform committees (1982-1988), the House wrestled from the government the authority to select and appoint its most important servant: the Speaker. It is time for the House to do the same for the appointment of all of its officers. I was the 10th clerk of the House. I was appointed in 1987 following the retirement of my predecessor. I was a 17-year career House officer. I was appointed by the Progressive Conservative government on recommendation of the new, all-party Board of Internal Economy. I served for 13 years and freely chose to retire, leaving behind a succession plan with the BOIE. It was not binding, but left the BOIE with choices. My successor, William Corbett, was selected in the same manner as I was. The 12th clerk, Audrey O’Brien, was selected similarly and confirmed by a vote in the House as then and now required by the Standing Orders. The manner in which the 13th permanent clerk, the now-retired Charles Robert, was selected in 2017 was egregiously flawed. I need not repeat my comments, which appeared in the Hill Times following that unilateral government decision. It pains me still that the House is so openly divided on the appointment of its most senior table officer and chief administrator. How can one serve impartially, build trust and confidence, when His Majesty’s loyal opposition and other parties vote against the nomination of the individual charged with such a mission? The clerk is, by law, the secretary to the BOIE. What kind of management board would accept that their most-trusted officer be appointed without their participation or consent? Why would a Speaker, elected by his peers, accept that the government of the day chose his primary and closest adviser? That should not happen ever again. The decision of the House need not be unanimous on the choice of the individual recommended. At minimum, the official opposition should be in agreement. Ideally, all parties should be comfortable with the choice. However, the selection process should be unanimously enshrined in the Standing Orders. It need not be complex, nor the selection be limited to in-House candidates exclusively. Here is what I suggest: candidates should be interviewed by an all-party panel appointed by the BOIE. The recommendation on a selected candidate should go to the House via the Speaker. Upon the tabling of said recommendation, the Speaker shall put the question for a vote. The adoption of the motion shall be an order of the House to the GIC to appoint. The governor-in-council status is important to keep the position in parallel to that of deputy ministers, both for classification and renumeration. However, the clerk should not serve “at pleasure,” which means he or she can be summarily removed by the GIC. The clerk of the House should only be removed on a vote representing two-thirds of the voices cast, much like several other parliamentary officers like the auditor general, access to information commissioners, et al. I no longer advise Speakers or House leaders or the BOIE. But if I were, this is what I would advise: Keep it simple. Keep it nonpartisan. Keep it transparent. Take control and proceed with caution. Your choice will affect all parties and all members of the House for years to come. Robert Marleau is the former clerk of the House of Commons, former interim privacy commissioner, former access to information commissioner, and former integrity commissioner for the City of Ottawa. The Hill Times

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House clerk selection process needs a non-partisan refresh

The clerk is, by law, the secretary to the BOIE. What kind of management board would accept that their most-trusted officer be appointed without their participation or consent?

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