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HomeMy WebLinkAboutBy-law 7665/18 - Procedural By-law. The Corporation of the City of Pickering By-law 7665 /18 Being a by-law to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every.municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: • Index 01 Definitions 02 Application of this By-law 03 Duties Council . Mayor/Chair 04. . Types of Meetings of Council · Inaugural Meeting Regular Council Meetings Special Meetings of Council or a Standing Committee Closed Meetings Standing Committee Meetings Statutory Public Information Meetings Advisory Committees . Special or Ad Hoc Committee Appointment of Alternate Member to Upper Tier Council 05 Closed Meeting Rules General · Public Information on Closed Meeting Business Information "' Confidential Distribution of Confidential Material. Limits on Voting Actions at Closed Meeting Attendance at a Closed Meeting Final Decision on Item from Closed Meeting · . Authority to Speak on Closed Meeting Matters Confidential Report Enquiries Regarding Closed Meetings Contravention~ Page 5 6 6 8 10 By-law . 7665/18 Complaints About the Appropriateness of a Closed Meeting Education & Training Sessions . Page 2 06 . Disclosure of Pecuniary Interest Rules 14 Actions Regarding a Meeting 07 Notification of Meetings 14 Public Notification Emergency Notification Cancellation/Postponemeht of Meetings oa Meetings 15 Place of Meetings Chairing of Meetings Clerk's Attendance at Meetings · Recording of Minutes Committee Meetings -Rules of Procedure Prohibited -Signs, Banners, Emblems, Flags, Cameras, Video Recordings Access to Council Floor Meeting Called to Order Quorum Absence of Chair Agendas and Minutes Consideration of Items Adjournment Hour/All Meetings Motion to Continue Past 12:00 am 09 Cond.uct at .Meetings 18 · Members of the Public Members of Council Actions When a Member's Behaviour is Inappropriate 10 Order of Business .19 Order of Business for theregular Meetings of Council Change in Order 11 Presentations 12 Delegation~ Delegations Delegation Time Limit Delegations at a Statutory Public Meeting.· Delegations Requesting Action Audio Visual Equipment for Delegations Priority of Delegations Conduct of the Delegation Questions to the Delegation 19 20 By-law 7665/18 ·page 3 13 Correspo,ndence 22 14. Committee Reports 22 15 New and Unfinished Business 23 Reports of an Urgent Nature Introduction of a Motion 16 Notice of Motion 23 17 By-laws 23 18 Other Business 24 Notice of Motion Substantive Information Reports 19 Confirmatory. By'"law 24 20 Adjournment 24 21 Rules of Debate 24 Chair Reads Motion Aloud Requirement to Read Motion Decorum During Debate Recognition of Member Order of Speakers Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair's Decision Final Unless Appealed Appeal of Decision of Chair 22 Common Motions 26 Seconding Withdrawal Priority of Disposition Questions of Privilege and Points of Order Motion to Table Motion to Divide 1 Referral Motion . Motion to Postpone to a Certain Time/Deferral Motion Amendments Motion to Adjourn . Reconsideration Local Planning Appeal Tribunal (LPAT) Reconsideration By-law .7665/18 · PageA Motion to Rescind Question Stated No Interruption After Question · I 23 Voting 29 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Vote of Council Vote of the Chair Vote on the Question 24 Contingencies 31 25 Suspension of Rules 31. 26 Two~Thirds Vote 31 27 Commencement and Administration 31 By-law 7665/18 Page 5 01 Definitions a) "Act" -The Municipal Act, S.O. 2001, c.25, as amehded or re-enacted from time to time; b) "Acting Mayor" -The member of Council appointed to act in place of the Mayor under section 242 of the Act; c) "Chair" -the person elected or chosen to preside over a Council, Standing Committee or other type of meeting; d) "Chief Administrative Officer" -the Chief Administrative Officer of the City of Pickering; · e) "Clerk" -the Clerk of the City of Pickering; f) · "Closed Meeting" -a Meeting which is not open for public attendance; g) ''Committee" -includes Standing Committees, Ad-Hoc Committees and Advisory Committees, which may be appointed by Council from time to time; h) · "Council" -the Council of the City of Pickering; i) · "Councillor" -the elected representative of a Ward on the Council of the City of Pickering; .. j) "Delegation" -an address to Council or a Committee by one or more persons who are not members of Council or City staff; k) "Inaugural Meeting" -the first meeting of a new Council after a municipal election where the declarations of office are made; I) !'Majority" -greater than 50% of the Members present; m) "Mayor" -the Head of Council for the City of Pickering; n). "Meeting" -any regular, special or other meeting of Council, of a Local Board or of a Committee where a quorum of members is prese!7t and the members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the Council, Local Board or Committee o) ''Member" -a member of the Council or Committee; p) "Notice of Motion" -advance notice to Members of a matter on which Council will be asked to take a position; By-law 7665/18 Page 6 q) "Pecuniary Interest" -a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of/nterest Apt, RSO 1990, c M.50, as amended; r) "Presentation" -a ceremonial presentation to or from the City of Pickering; s) "Public Consultation Meeting" -a meeting hosted by staff, committee or Council in order to receive input from the public regarding a specific matter; t) "Recorded Vote" -the making of a written record of the name and the vote of each Member who votes on a question; u) "Regular Meeting" -a scheduled meeting held in accordance with the approved calendar/schedule of meetings; v) "Rules of Procedure" -the rules which are set forth in this by-law; w) "Special Meeting" -a meeting of Council or a Committee that is arranged . outside of the normal meeting schedule to deal with only specific item(s) of business; . . . x) "Standing Committees" -the Meetings referred to in section 4,5 of this By- law; and y) "Statutory Public Information Meeting"-a meeting that isJegislated under an Act and hosted by staff, standing committee or Council in order to inform the members of the public about a matter. 02 Application of this By-law The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and shall be the rules of order of business in Council and Committee. In the case for which provision is not made in th.is By-law; the procedure to be followed shall be determined by a majority vote of the Members present and voting. 03 Duties 03.01 Council Members of Council shall come prepared to every Meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and. the determination of action at the Meeting. Whenever possible, the Member(s) shall make inquiries of staff regarding the materials supplied in advance of the Meeting. · · 03.02 The Mayor or Chair shall: · By-law 7665/18 Page 7 a) Open the Meetings by taking the chair and calling the Members to order. b) Announce the business before Council or the Committee and. the order in which it is to be acted upon. c) Receive and submit, in the proper manner, all motions presented by the Members. d) Put to a vote all motions, which are moved, or necessarily arise in the course of the proceedings, and announce the result. e) Enforce the Rules of Procedure and rule upon all procedural matters. f) Restrain the Members, when engaged in debate, within the Rules of Procedure. g) Enforce on all occasions the observance of order and decorum by the Members and any other persons present in the Chamber. h) Call· by name, any Member persisting in breach of the Rules of Procedure and to order him/her to vacate the Chamber in which the Meeting is being held. i) Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. j) Permit questions to be asked through the Chair of any staff in order to provide Members with information to assist any debate when the Chair deems it proper. k) Rule on any points of order or points of privilege withou.t debate or comment. I) Rule whether a motion or proposed amendment is in order. m) Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then put the vote. n) The Chair may speak and/or vote on any question, but if he/she wishes to make.a motion, he/she shall first leave.the Chair by designating an Acting Chair to act in their place, until they resume the Chair. o) Call for a motion to adjourn the Meeting when the business is concluded. By-law 7665/18 Page 8 04 Types of Meetings of Council 04.01 Inaugural Meeting a) The inaugural meeting of Council shall. be held on the first Monday after· Council takes office pursuant to the Municipal Elections Act. b) The order of business for the first meeting of Council shall be as follows: (i) Call to Order (ii) Invocation (iii) Swearing in ceremony (iv) Inaugural address (v) · Adjournment. 04,02 Regular Council Meetings All regular Meetings of the Council shall be held on the fourth Monday of ~ach month at the hour of 7:00 pm unless otherwise provided by resolution of the. Council. If a Council Meeting falls on a public or civic holiday, the Council shall meet at the same hour on the next following day, 'Which is not a public or civic holiday, unless otherwise provided by resolution of the Council. 04.03 Special Meetings of Council or a Standing Committee a) In addition to regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose ofthe special . Meeting. · b) Upon written receipt of a petition of the majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time and date mentioned in the petition. · c) The Clerk shall give all Members notice of a Special Meeting twenty-four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk for delivery of Notices, and in default of provision of such address, to the Member's City Hall office. d) The notice to be given shall indicate the nature of the business to be considered, as well as the Special Meeting, date, time and place of the Special Meeting. e) No business other than that indicated in the notice shall be considered at the Special Meeting. By-law 7665/18 Page 9 04.04 Closed Meetings All Meetings of Council closed to the public will be held prior to the regular start time, unless otherwise provided by resolution of Council, and will only deal with matters that Council is authorized to deal with in a closed session. 04.05 Standing Committee Meetings a) There. shall be a Planning & Development Committee and an Executiv.e Committee, to be considered as Standing Committees of Council for the purposes of this By-law, to be organized as follows: b) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. c) · The 'Executive Committee shall m~et on the first Monday of each month at 2:00 pm in the Council Chambers, unless otherwise provided by resolution . . of the Council. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Office of the CAO, the Community Services Department, the Corporate .Services Department, the Engineering Services Department, Finance Department, the Human.Resources Department, and the Fire Services Department. d) The Planning & Development Committee shall meet on the first Monday of e.ach month at 7:00 pm in the Council Chambers, unless otherwise provided by resolution of the Council. It shall be the duty ofthe Planning & Development Committee to study and report to Council onmatters under the jurisdiction of the City Development Department. 04.06 Statutory Public Information Meetings . a) Public hearings shall be held at Standing Committee meetings, as required by applicable legislation, or by Council, or when considered desirable by staff. b) Appropri?te advertising shall be undertaken as requir~d by applicable . ·legislation, by:-law or according to City policy, to advise. interested persons of the subject, date and time. 04.07 Advisory Committees a) All• Advisory Committees of Council are required to adhere to this Procedural By-law and th~ general terms of reference for all advisory committees and at the first meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to Council for approval by no later than March following a municipal election; By-law 7665/18 Page 10 b) All advisory committees are required to presenta yearly work plan and annual report on the status of the work plan to Council;. and c) Members ofCouncil that serve on'Advisory Committees may move, second and vote on items. 04.08 Special or Ad Hoc Committee Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. When a Special or Ad Hoc Committee has completed its work and made its. report to Council, the Committee shall be deemed to be dissolved. 04.09 Appointment of Alternate Member to Upper Tier Council . Council may appoint one of its Members as an Alternate .Member of the Upper Tier Council. to act in place of any Regional Councillor when they are . unable to attend a meeting bf the Upper Tier Council for any reasori, subject to the following limitations: · a) No more than one Alternate Member may be. appointed during the term of Council; b) Notwithstanding Section 4.9(a), 1f the seat of the appointed Alternate member becomes vacant, Council may appoint another of its members as an Alternate Member for the remainder of the term of Council; c) Council may not appoint an alternate for the Alternate Member; and d) . When acting in their capacity as an Alternate member on the Upper Tier Council, the Alternate Member shall adhere to all policies, procedures, practices, and codes of conduct established by the Upper Tier Council.· 05 Closed Meeting Rules 05.01 General A meeting or part of a meeting may be closed to the public if the subject matter being considered is: . a) the security of the property of the municipality or local board; b) personal matters about an identifiable individual, including municipal or local board employees; c) a proposed or pending acquisition or disposition of land by the municipality or local board; By-law 7665/18 Page 11 05.02 05.03 d) labour relations or employee negotiations; e) · litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which council, board, committee or at.her body may hold a closed meeting under another Act; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; · i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantlywith the contractual or other negotiations of a person, group of persons, or organization; j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary vc;:1lue; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Public Information on Closed Meeting Business a) Before holding a Closed Meeting or part of a Meeting that is to be closed to the public, Council or a Committee must state the fact of the holding of the closed meeting, and the general nature of the matter to be considered at the closed meeting and, if the Closed Meeting is an educational or training session the fact that it is closed pursuant to section 239(3.1) of the Act. b) If a member of Council wishes to introduce new business at a Closed Meeting, it must be introduced in open session after roll call while Council is still in the Chambers. Two-thirds of Council must determine, by vote, whether the matter will be dealt with in closed session that evening. No debate on the issue will take place until the motion to deal with the new business has been decided. Information -Confidential By-law 7665/18 Page 12 · All information, documentation or deliberations received, reviewed, or taken . in a Closed Meeting, including the .detailed agenda, is confidential and must not be released to the public or any individual not entitled to be present at the Closed Meeting. · · · 05.04 Distribution of Confidential Material The Clerk must distribute all confidential reports and material for Closed Meetings in sealed envelopes th.at are marked with each Member's name. Confidential material must not be emailed to Members. or staff. , 05.05 Limits on Voting Actions at Closed Meeting. No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, employees or agents of the City, or persons retained by or under contract with the City. 05.06 Attendance at. a Closed Meeting Members can only attend a Closed Meeting in person. 05.07 Final Decision on Item from Closed Meeting Subject to the provisions of Section 239 of the Act, a Closed Meeting agenda item that requires. a final decision must be implemented by Council resolution or By-law at a future public meeting of Council. 05.08 Authority to Speak on Closed Meeting Matters·· When a decision is made by Council to relay information to the public regarding a Closed Meeting item, the Mayor cir the Mayor's delegate will · release the information. 05.09 Confidential Report When a Closed Meeting of Council has been held, the Public Agenda of the Closed Meeting shall be available at the first Regular Council meeting following the Closed Meeting. 05.10 Enquiries regarding Closed Meetings The response of Members to inquiries about any matte'r dealt with by Council or a Committee at a Closed Meeting, prior to it being reported publicly, must be "no comment", or words to that effect. No member is allowed to release or make public any information considered at a.Closed Meeting or discuss the contents of such a Meeting with anyone other than . Members or staff who were present at the Closed Meeting'. By-law . 7665/18 Page 13 05.11 Contraventions a) Any Member who contravenes section 5.8 or section 5.9 is guilty of an offence and upon conviction may be liable to a fine or penalty as provided for in the Provincial Offences Act. b) A decision to prosecute a Member under this section may only be made after Council has met to consider the matter, at which time the Member proposed to be prosecuted may be present and has the option of attending with legal counsel. The said Member has the option of requesting that the Meeting be held in public or that it be closed to the public. c) No prosecution for a contravention of section 5.8 or section 5.9 may be commenced except on the direction of Council, expressed in a .resolution of Coun.cil. 05.12 Complaints, About the Appropriateness of a Closed Meeting A person may.request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by-law in respectto a Closed Meeting or part of a Closed Meeting will be undertaken by the Ombudsman appointed under. the Ombudsman Act, if the. municipality has not appointed an investigator. Any complaints made in relation to the appropriateness of a Closed Meeting· under section 239.1 of the Act must be in writing pursuant to section 239.2 ofthe Act and directed to the Clerk who will forward to the Investigator appointed by Council to 'review complaints. All complaints are confidential and forwarded directly to the investigator to be dealt with as required by section ~39.2 of the Act. 05; 13 Education & Training Sessions a) The Council, in deciding to convene an Education & Training Session, shall designate the general purpose or purposes for which the session is to be held as permissible under Section 239 of the Municipal Act, 2001. b) Notice shall be given in accordance with Section 07. c) At the meeting, no member .shall discuss or otherwise deal with any matter in a way that materially advc;lnces the business or decision-- making of the Co.uncil. d) The Clerk shall take notes descrlbing in general terms each subject matter dealt with at an Education & Training Session. By-law 7665/18 Page 14 06 Disclosure of Pecuniary Interest Rules 06.01 Actions regarding a meeting 06.02 06.03 06.04 06.05 07 07.01 Where a Member has a pecuniary interest as defined in the Municipal Conflict of Interest Act, the Member shall prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof. The Member shall not take part in the discussion of, or vote on any question · in respect of the matter and shall not attempt in any way whether before, during, or after the meeting to influence the voting on any such question. Me111bers shall not request the Clerk or other Staff rryembers to provide advice or comment on whether a Member has a pecuniary interest. . ' ' ' ' ' Where the meeting is not open to the public, in addition to declaring the conflict, the member shall leave the meeting or the part of the meeting during which the matter is under consideration. Where a member is absent from a meeting which includes a matter on which they have a pecuniary interest, the Membershall disclose the interest at the next meeting attended by the Member. , ,, . . , .The Clerk shall record any declarations of interest made. by a Member in the meeting minutes, noting the matter and the general n~ture of the declaration. Any verbal declarations made under Section 6.1 of this By-law shall also be submitted in writing to the Clerk using the prescribed form and shall be made available in the office of the Clerk through a Disclosure of Interest Registry. Notification of Meetings Public Notification Public notification shall be deemed to have been given by the posting of the Council or Committee agenda on the City website.and available for public review in the office of the City Clerk as follows: · a) Committee Meetings-'--by4:00 pm on the Friday, 1.0 days prior to the meeting date. b) Council Meetings -by 4:00 pm on the Friday preceding the Council meeting. · c) Special Meetings -at least twenty-four hours preceding the meeting. · d) Closed Meetings-'-' at least twenty-four hours preceding the meeting. By-law 7665/18 Page 15 07.02 Emergency Notification Emergency Meetings may be h.eld, without written notice, to deal.with issues that may urgently affect the health or safety of residents. The Clerk shall . attempt to notify the public of emergency Meetings as soon as possible and in the most expedient manner available. 07.03 Cancellation/Postponement of Meetings 08 os .. 01 Any meeting may be cancelled or reschedule to a day, time and place set out in·a written notice from the Clerk, sent to each Member at least twenty- four(24) hours before the scheduled date of the meeting. Upon notice of a Meeting cancellation 1 the Clerk shall attempt to notify the public as soon as possible and in the most expedient manner available. Meetings Place of Meetings All regular Meetings of the Council and Standing Committee meetings shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by resolution of Council. 08.02 Chairing of Meetings a) Every Council meeting shall be chaired by the Mayor, if present; b). The. Chair of the Standing Committees shall be rotated each meeting amongst the Members.of Council, in alphabetical order. 08.03 Clerk's Attendance at Meetings The City Clerk or Clerk's designate, shall be present at all Meetings of Council; however, he/she may delegate some member of staff to act in his/her stead. at a Standing Committee Meeting. 08.04 Recording of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be closed to the public or not; b) The record required by the Municipal Act in respect of a Meeting, shall be made by: By-law 7665/18 Page 16 i) The Clerk, in the case of a meeting of Council; or ii) The appropriate officer, in the case of a meeting of a Committee. 08.05 Committee Meetings -Rules of Procedure The rules of procedure set out in this By-law shall be observed in.Meetings of the Committees insofar as they are applicable, provided that: a) A report, setting out the recommendations of any Committee, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. · 08.06 Prohibited...., Signs, Banners, Emblems, Flags, Cameras, Video Recordings To ensure that all members of the public .are comfortable participating in Meetings: a) Signs, banners, emblems, flags, cameras, audio and video recordings . by the public are prohibited in the Chambers except by permission of the Chair; b) Notwithstanding the foregoing, the provisions of section 8.6 shall not apply to City Staff; Rogers Cable or any other media; broadcasting or webstreaming service providerpermitted by Council. 08.07 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk:. . . a) Shall be allowed on the floor of the place a Meeting is being held wh1.le Council or a Committee is sitting; . . b) Material to be distributed to Council during. a Meeting can only be distributed by the Clerk or the Clerk's designate. 08.08 Meeting Called to Order The Chair, as soon after the hour. is fixed for the holding of the Meeting of the Council, and if a quorum is present, shall take the Chair and call the Meeting to order. 08.09 Quorum a) If a quorum is not present one-half hour after the time appointed for a Meeting of the Council and/or Committee, the Clerk shall record the . names of the Members present and the Meeting shall stand adjQurned until the next Meeting. BY-law 7665/18 Page 17 b) A majority of the Members elected to the Council shall constitute a quorum. 0~.1.0 Absence of Chair a) Council Meetings -If the Mayor does not attend within fifteen minutes after the .hour is fixed for the holding of the Meeting of the Council and if a quorum is present, an Acting Mayor who has been appointed to this position by a resolution of Council shall preside over the Meeting and have the same authority to chair the Meeting as the Mayor would have had, if present. b) When the Mayor and Acting Mayor are· absent or refuse. to act, the Coun9il may by resolution appoint one of its Members to act in the place and stead of the Mayor and Acting Mayor, and such Member shall have the same authority to chair the Meeting as the Mayor. c) Standing Committee Meetings -If the Chair does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of the Committee and if a quorum is present, the Council Member who is next in alphabetical order to Chair wiH assume the position of Chair. 08.11 Agendasand Minutes The agendas, minutes and any written notices pertaining to any Standing Committee and Council Meeting shall be sent to all Members of Qouncil. 08.12 Consideration of Items Council may consider any matter without referring it to a Committee or may refer it to a Committee or to any number of Committees, and may withdraw a matter from a Committee at any time. 08.13 Adjournment Hour/All Meetings All regular Meetings shall stand adjourned when all business has been · completed as listed on the Order of Business or at the hour of 12:00 arn. 08.14 Motion to Continue Past 12:00 am a) In the event the business before Council has not been completed at the hour of 12:00 am, then Council may, by a majority vote of all the Members present, approve an extension of the Meeting to the ho.ur of 1:00 am. b) At 1 :00 am, any unfinished business shall be deferred to the next regular Meeting of Council, unless a resolution of Council is made. to reconvene the Council Meeting to another day and time prior to the nextregular Meeting of Council. A resolution to reconvene to another By-law 7665/18 Page 18 day and time requires a majority vote, If a resolution of Council to recorn.1ene the Council Meeting to another day prior to.the next regular Meeting is adopted, the Meeting must be rescheduled not sooner than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend · the rescheduled Meeting. c) Motions to continue past 12:00 am are not debatable. 09 Conduct at Meetings 09.01 Members of the Public The Chair will ensure that members of the Public shall be respectftJI of Council, staff, delegations and all attendees at the Meeting by not heckling, speaking disruptively while debate is in progress, making comments or applauding. 09.02 Members of Council Members of Council shall: a) b) c) d) e) f) g) act in accordance. with their Oath of Elected Appointed Officials; treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; hold in strict confidence all information concerning matters dealt with in Closed Meetings. not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor;.general, the Lieutenant-Governor of any Province, of any member of the. Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; not use offensive words or unparliamentarily language in or against Council or against any Member; · not speak on any subject other th 9 nthe'motion being debated; not criticize any decision of Council except for the purpose of moving a motion to reconsider a previous .decision of Council. 09.03 Actions When a Member's Behaviour is Inappropriate The Chair may Call the Member to Order and take one or more of the following actions: By-law 7665/18 Page 19 09.04 10 . 10.01 a) decide that there was no breach of the rule; b) ask the Member in breach of the rules to stop the behaviour;. c) ask the Member to withdraw what was said; or d) ask the Member to apologize. If previous attempts to call the member to order have failed, the Chair may decide, not to recognize the Member, for the balance of that meeting, in which case the Member shall not speak or vote for the remainder of that Meeting. Order of Business The Order of Business for the regular Meetings of Council shall be as follows: a) Meeting Called To Order b) Invocation c) Disclosures of Interest· . d) Minutes of Previous Meetings e) , Presentations f) Delegations g) Correspondence h) Committee Reports i) New and Unfinished Business j) Motions and Notices of Motion k) By:-laws I) Confidential Council m) Other Business n) Confirmation By-law o) Adjournment. 10;02 Change in Order All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a vote of the majority of the Members present and voting. By-law 7665/18 Page 20 11 Presentations 11.01 Presentations a) Charities, organizations or individuals wishing to add.ress Council to inform Members of special .events or achievements, to seek Council's recognition of an event or achievement or to make a presentation to Council shall request the opportunity tobe granted presentation status. b) It shall be the duty of the Mayor to make presentations and to accept presentations, on behalf of Council, at Meetings of Council. Where a presentation is niade or accepted from an organization on which a member of Council has been appointed to sit, the presentation shall be jointly made or accepted with the appointed member of Council. Where otherwise appropriate, presentations may be made or accepted jointly with another Member or Members of Council. c) The request for presentation status shall be submitted to the Clerk, in writing, no later than 14 days preceding the Meeting at which the presentation is to be made. 12 Delegations 12.01 Delegations a) Delegations are encouraged to appear before the Standing Committee having charge of the matter which is the subject of the delegation. b) Delegations that have appeared at a Standing Committee. regarding a particular matter and wish to relay additional and/or new information about that matter at Council may do so. c) All delegations for items listed on an agenda shall register in writing with the City Clerk by 12:00 noon .on the Meeting date .. d) All delegations for items not listed on an agenda shall register ten (10) days prior to the Meeting date. e) Delegations that have not registered in writing by the timelines noted in 12.1( c) and 12.1 (d) shall only be heard at a Meeting if permitted by a two-thirds majority vote of Members present at the meeting. f) Delegations are encouraged to submit a written brief and, if the brief · is submitted to the Clerk by 12:00 noon on the Friday preceding the By-law 7665/18 . Page 21 12.02. Meeting, it shall be copied and distributed as "Delegation" submissions to Members. g) A delegation appearing before Council or Committee for items not listed on an agenda shall not be placed on an Agenda to discuss the same matter within six (6) months of the last appearance by the same delegate, unless otherwise approved by Council. Delegation Time Limit a) A maximum of 10 minutes shall be allo.tted for each delegation to present his/her/their position at a Meeting. b) A delegation will not be permitted to take any unused time allocated to another delegation. 12.03 Delegations at a Statutory Public Meeting Delegations will be permitted from the gallery without prior registration only during the Statutory Public Information Meeting portion of a Meeting held under the provisions of the Planning Act, or prior to the adoption of certain by-laws at a Council Meeting, if required to comply with applicable laws. Delegations are not required to register for a Statutory Public Information Meeting but are encouraged to do so in .order to facilitate the efficient conduct of the Meeting. 12.04 • Delegations Requesting Action Delegations which appear at a Meeting and request that action be taken by the Council shall, if required by a majority of the Members present at the Meeting, be referred to City staff for a report that shall be dealt with at a future Meeting of Council. 12.05 Audio Visual Equipment for Delegations The City's audiovisual equipment may be us.ed to assist in presentations by delegations, provided that permission has been obtained for use of · such equipment from the Clerk at least 5 working days prior to the Meeting date. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the meeting at which the delegation is to appear. 12.06 Priority of Delegations Delegations shall be listed in the agenda in the order in which the Clerk received the requests. It being understood that where more than one person wishes to make a presentation, on a particular matter, the proponent or his or her authorized representative, will be listed last in By-law 7665/18 Page 22 order to afford the proponent the opportunity of making a present,ation after all other interested persons have done so. 12.07 Conduct of the Delegation a) The Chair may curtail any delegation and any questions to a · delegation for disorder or any other breach 'of this by-law and, if the Chair rules t.hat the delegation .is concluded, the person or persons appearing shall end the delegation. · b) Delegations shall not: (i) speak disrespectfully of any person; (ii) use offensive words; (iii) speak on any subject other than the subject for which they have received approval to address Committee or Council; (iv) disobey a decision of the Chair or Committee or Council; (v) debate with other delegations, City staff, Council Members or the Chair. · 12.08 Questions to the Delegation a) Upon the completion of a presentation to Committee or Council by a delegation, any discussion between Members and the delegation shall be limited to Members asking questions for clarification and obtaining additional, relevant information only. · b) All questions to a delegation from Members shall be stated succinctly. Members shall not question a delegation for the purpose of expanding the scope of the delegation's remarks or for adding the Member's own statements through the delegation: Delegations are an opportunity for delegates, not Members, to make their views known. For example, questions from Members such as "are you, aware", "do you agree" or "wouldn't you say" shall not be .permitted as they do not seek clarification or additional relevant information. Members shall not enter into debate with delegations. Questions to the delegation shall be presented in a courteous and non- argumentative manner. · · c) Once a motion has been moved and seconded, no further . representation or questions of the delegation shall be permitted. By-law 7665/18 Page 23 13 13.01 13.02 14 14.01 15 15.01 Correspondence All correspondence intended to be presented to Council through the Council agenda shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shall be filed with the Clerk by no later than 12:00 noon on the Wednesday before the Meeting of Council. The Clerk shall prepare a summary .of the substance of all correspondence for inclusion in the agenda. Committee Reports Standing Committee reports that are to be adopted by Council. shall be forwarded to the first regular Council Meeting following the meeting of the Standing Committee and shall be listed under the Committee Reports section .of the agenda. . · New and Unfinished Business Reports of an Urgent Nature Departmental reports which are deemed by the Chief Administrative Officer to be of an urgent nature and which have not been considered by a Standing Committee shall be .listed under the New and Unfinished Business section of the agenda for Council's consideration. 15.02 Introduction of a Motion a) A Member may, with the consent of two-thirds of the Members present, introduce a motion under New and Unfinished Business if the motion cannot, due to its urgent nature, be properly presented at a Meeting in accordance with Section 16.1. b) A Member desiring to introduce a main motion must do so in writing to the Clerk. 16 Notice of Motion 16.01 A Member desiring to introduce a notice of motion mustdo so in writing at any. Meeting, at least 10 days prior to the Meeting at which the motion will be dealt with. Introduction of notices of motion must be done as "Other Business". 16.02 · In order to be listed in the agenda, a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 pm on the Wednesday prior to the Council Meeting at which the motion will be dealt with. By:.law 7665/18 Page 24 16.03 The Clerk, upon receipt ofa notice of motion in accordance with a) and b ), shall print the motion in full in .the agenda for the Council Meeting at which it is to be .dealt with. 16.04 A notice of motion that has been introduced but does not appear on the agenda within two Council Meetings shall be removed from the list of upcoming agenda items, unless otherwise directed by Council.' 17 By-laws 17.01 All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. 17.02 Every by-law, when introduced, shall be in typewritten form, shall be complete except for the by-law date and ·number and shall contain no blanks except suQh as may be required to conform to accepted procedure or to comply with the provisions of any A.ct. · 17.03 Every by-law which has been passed by the Council shall be numbered, dated, sealed with the seal of the Corporation, signed by the Mayor and the Clerk and deposited by the Clerk in his/her office for safekeeping. · 18 Other Business 18.01 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events. of public importance or interest. 18.02 Notice of Motion AMemb.er who wishes to give notice of a .motion to be brought forward for future Cou'ncil consideration shall do so in writing. under ''Ot.her Business".. 18.03 Substantive Information Reports ' All Members' requests for substantive information .or reports from staff shall require the approval of a majority of Members present at a Meeting. Such requests shall identify the appropriate Department and/or Director and the objective(s) of the report. By-law 7665/18 Page 25 19 19.01 20 20.01 21 . 21.01 Confirmatory By-law At the conclusion of all regular and special Meetings of Council, and prior to adjournment, a by-law shall be brought forward to confirm the actions of the Council in respect of all motions, resolutions and other actions taken subsequent to the last regular Council Meeting. A confirmatory by-law, when introduced, shall be taken as having. been read and shall be voted on without debate. Adjournment The Council may adjourn upon a motion approved by the majority of Members present. Rules .of Debate Chair Reads Motion Aloud To begin debate, the Chair reads the motion aloud. 21.02 Requirement to Read Motion Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. 21.03 Decorum During Debate During debate, and while the Chair is speaking, orwhen the Council is engaged in voting, no Member is permitted to disturb the Council by 'whispering, or walking across the floor, or in any other way except to raise a point of order. 2.1.04 Recognition of Member Every Member shall raise his/her hand and be recognized by the Chair prior to speaking to any matter or motion. 21.05 Order.of Speakers When two or more Members raise their -hands to speak, the Chair shall designate the Member who has the floor who shall be the Member who, in the opinion of the Chair, raised his/her hand first. By-law 7665/18 Page 26 21.06 Speaking to a Motion A maximum of 10 minutes shall be allotted to each member wishing to speak to present his/her position on the motion. No Member shall speak more than once to the same motion except: a) with leave of the Chair, for not more than 5 additional minutes, in explanation of a material part of their speech Which may have been interpreted incorrectly; b) with leave of the Chair, for not more than 5 additional minutes, after all other Members so desiring have spoken; or c) in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a 5 minute period. · · 21.07 Questioning the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding the above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the _Chair on the rnotion under di$cussion, but only for the purpose of obtaining information, following which the· Member shall speak. 21.08 Proceedings Decided by Chair In all ct.her proceedings of Council, the matter shall be decided by the · Ch•air, subject to an appeal to Council on a point of order. 21.09 Chair's Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair's decision, the decision of the Chair shall be final. 21.10 Appeal of Decision of Chair If the Member appeals to Council, if shall be done by a duly moved and seconded motion, and Council shall decide the question withoufdebate and the decision shall be final. The question to Council would be "Do you support the Chair's ruling, "Yes" or "No". A tie vote sustains the decision of the Chair. By-law 7665/18 Page 27 22 · Common Motions 22.01 Seconding .A motion must be formally seconded before the Chair can put the question or for it to be recorded in the Minutes. 22.02 Withdrawal The mover and seconder may withdraw a motion or a notice of motion at any time. prior to it being read and, in such event, the motion shall not be included in the minutes of the Meeting. After a motion has been read or stated by the Chair, it shall be deemed to be in possession of Council, but may, with the permission of Council, be withdrawn at any time before decision or amendment. 22.03 Priority ofDisposition A motion, properly before Council for.decision, must be disposed of before any other motion or matter can be introduc~d, with the exception of any one of the following: a) a point of order or personal privilege b) to table · · c) to divide d) that the question be now put e) to refer f) to defer g) to amend h) to suspend any section of the Rules of Procedure i) to recess j) to adjourn. 22.04 Questions of Privilege and Points of Order The Chair shall preserve order and decide points of order and questions of privilege. When a Member has a point of order or question of privilege, it shall be considered and decided immediately. The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the matter. If leave is granted by the Chair, the Member must state his/her point to the Chair as succinctly as possible and await the decision of the Chair. By-law 7665/18 Page 28 Once the Chair has made a decision the business of Council shall resume at the point where it 'was suspended. 22.05 Motion to Table A Member shall not be allowed to speak to a motion and immediately move a tabling motion. 22.06 Motion to Divide A motion containing distinct proposals may be divided and a separate . vote shall be taken upon each proposal contained in a motion if decided • upon by a majority vote of the .Members present and voting. 22.07 Referral Motion· A motion to refer a motion or matter to a· Committee or to City staff with instructions is debatable and amendable but, shall be disposed of by Council before the original motion or any other motibn pertaining to. the original motion. A member who moves a motion to refer shall also include in the motion: (i) The name of the committee, body or official to whotnthe motiori or amendment is to be referred; (ii) The terms upon which it is to be referred; and (iii) The date or period, if any, within which the matter is to be returned. 22.08 Motion to Postpone to a Certain Time/Deferral Motion A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, if applicable and shall be ih order after a mo.tion is read or stated by the· Chair and debt:lte shall be confined to the time and place to which the matter shall be. deferred. 22.09 Amendments a) A motion to amend: i) shall be presented in writing if requested by the Chair; ii) . shall be relevant to the original motion; iii) shall be disposed of by Council before the original motion; ahd iv) shall not be received if it proposes a direct negative to the original motion. By-law 7665/18 Page 29 22.10 b) a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original motion; c) only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion; Motion to Adjourn a) Is not debatable or amendable; b) Is alway$ in order except when a member is speaking or during a vote; c) If carried, requires that the Meeting be immediately halted, regardless of the stage of proceedings; d) · If not carried, no new motion to adjourn may be made again until after some intermediate proceedings shall have been completed by Council. · 22.11 Reconsideration 22.12 After a matter has been decided, any Member who voted in the majority may move for reconsideration at the same Meeting, or may give notice of a motion for reconsideration of the matter at a subsequent Meeting. No discussion of the original motion shall be allowed until the motion for reconsideration has carried. A reconsideration motion requires a two- thirds vote of the Members present. No matter shall be reconsidered more than once within 12 months. Motion to Rescind A motion to rescind a previous resolution of Council requires a majority vote of the Council at a. Council Meeting provided that notice has been given at the previous meeting or in the call of the Meeting and if notice has not been given, a. motion to rescind requires a two'-thirds vote of the Members present and voting. By-law 7665/18 Page 30 22.13 Question Stated Immediately preceding a vo.te,. the Chair may state the motion in the form ·· introduced and shall do so if requested by a Member. The m.otion shall b.e stated in the precise form in which it will be recorded in the Minutes. 22.14 No Interruption After Question · After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other. motion be presented until, afterthe vote and the result has been declared. 23 Voting 23.01 Requirement to Vote All members present and seatep must vote. · If a Member is present and does not vote he/she is deemed to have voted iri the negative. 23.02 Vote Not Allowed A Member not in their seat when the question is called by the Chair is not · entitled to vote on that question. 23.03 Voting on Amendments Amendments are voted upon before the main motion and ifthere are · numerous amendments, the Chair may place them in the most logical, . practical and expeditious order for consideration. 23.04 Determination of Votes The manner of determining the decision of Council on a motion shall be by the prominent show of hands. 23.05 No Secret Voting No vote may be taken by ballot or any other method of secret voting .. By-law 7665/18 Page 31 23.06 Decorum While Calling Vote· When the Chair calls for the vote on a motion, each Member shall occupy their seat, and shall remain in their seat, until the result of the vote has · been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 23.07 Disagreement with Result of Vote. If a Member disagrees with the announcement of the Chair that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a recorded vote shall .be taken. 23.08 Recorded Vote of Council 23.09 Where a vote of Council is taken for any purpose and a Member requests, immediately prior or immediately subsequent, to the taking of the vote that the vote be recorded. Each Member present, beginning with the requester . of the recorded vote, and continuing alphabetically from that member · onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. Vote of the Chair The Chair, except when disqualified to vote by reason of interest or otherwise, may votewith the other Members on all questions. 23.10 Vote on the Question A motion that a vote on the question be now taken: a) cannot be amended or debated; b) cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put; c) when resolved in the affirmative, shall be followed immediately by the . original motion which shall be put forward without debate or amendment; By,.law 7665/18 Page 32 d) can only be moved in the following words: "That the question be now put" or "Call the question"; and · e) · requires a two-thirds vote of the Members present. 24 Contingencies ·24.01 In all contingencies not provided for in this by-law, the question shall be decided by the Chair and in making such a ruling, the decision shall be based on Robert's Rules of Order. 25 Suspension of Rules 25.01 Any procedure required by this by-law may be suspended with consent of not .less than two-::thirds of the. Members present. · 26 Two-Thirds Vote· 26.01 A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative: five of seven Members four of six Members three of five Members . . three of four Members 27 Commencement and Admini.stration 27.01 This. by-law shall be administered by the Clerk. 27. 02 . By-law 7212/12 and all amendments to 7212/12 are hereby repealed. 27.03 The short.title of this by-law is the "Procedural By-law". By-law passed this 10 th day of December, 2018. D . ~j/\~-R~·L-"=An_· -~ Debbie Shields, City Clerk