HomeMy WebLinkAboutBy-law 3714/69 THE CORPORATION OF THE TOWNSHIP OF PICKERING
BY-LAW NUMBER 371~/69
A By-law to establish the procedure
for meetings of Council and Committees
of Council.
The Council of the Corporation of the Township of Picketing
(hereinafter referred to as "the Council") ENACTS:
A. _MEETINQ~
1. Inaugural Meetin~: Subject to the provisions of the
Municipal Ac~--~-the hour, date and place of the inaugural
meeting o~ the Council in every year shall be fixed by
the Councxl at its last meeting in the next preceding year.
2. Ordin~v_MeetinE~: After its inaugural meeting the Council
shall meet on the first and third Mondays of each month,
and on such other days and at such times as may from time
to time be fixed by Council, unless such day shall be
legal, public or civic holiday in which case the Council
shall meet at the same hour the next following day which
is not legal, public or civic holiday and at the same
place, or unless postponement is made in the manner
hereinafter provided.
3. Postponement of MeetinEs:
(a) Any ordinary meeting of the Council may be postponed
to a day named in:
(i) A notice by the Head or Acting Head of Council
given through the Clerk's office and two clear
days in advance of the ordinary meeting, or
(ii) A By-law of Council passed by a majority of the
whole number of the members thereof providing
(iii) Or in extreme emergency, to cancel on poll by
telephone.
(b) The postponed meeting shall be held at the time and
place provided for the ordinary meeting so laid over.
$. Se~_~Me__e~ings: Subject to the provisions of the Municipal
Act, the Council may be summoned to a special meeting on one
clear day's notice specifying the purpose of such meeting
which shall be the sole business transacted thereat. In the
event of an emergency decision being required, all members
of Council shall be polled by telephone or other means.
5. Ail Standing Committee meetings other than those pertaining
to staff shall be open to the public.
(a) Finance - Property
(b) Public Utilities
(c) Roads and Bridges
(d) By-law Enforcement and Fire
(e) Parks and Recreation
(f) Committee of the Whole
Such other Committees that Council shall agree to from time
to time.
6. Adjourned Meetings: Unless otherwise determined by a
Resolution of Council, passed by a majority of the whole
number of the members thereof, the Council may adjourn upon
a motion duly moved and seconded in the manner hereinafter
provided.
- 2 -
B. .... 7]tE ~RDER OF~?RpCE.ED!~G~ AT A. MEETING OF Cp~N¢IL
1. MeetinK cal~gd ~o order: As soon after ~h~-ho~r-/~x~d for
a meeting as a quo~ is p~esen~ ~
to o~der.
2. ~ee%i~ not .~alled ~o order: ~eme a quor~ is not present
within thirty minutes after the hour fixed for a meeting,
the Clerk shall re,rd the ~es of the members of Council
present and the meeti~ shall stand adjoined ~til the
next meeting.
3. O~er.of BusinesS: The ~utine of business for the ordina~
meeti~s of Council shall be as follows:
(a ~nutes of previous meetings
(bAccosts
Deputations
Correspondence - (Briefly outlined by the Clerk)
~fo~ation - (Briefly outlined by the Clerk)
f, geporgs
(j~ Unfinished or new business
Confirmation By-law
Adjour~ent
and all business shall be t~en up on the order of ~utine
in which it stands ~less othe~se decided by Council.
C. ~QO~UCT OF ~R~INGS AT A ~IN~
1. It shall be the duty of the ~esidi~ Officer
(a) ~o open the meeting of Council by taking the chair and
calling the members to order.
(b) to a~ounce the business before the Co~cil in the
order of which it is to be acted upon;
(c) to receive and submit, in the proper ma~er, all
motions appearing on the ~enda and presented by the
members of Co~cil;
(d) to put to vote all questions~ which are regularly ~ved
and seconded, or necess~lly arise in the course of
the proceedings, and to anno~ce ~he reset;
(e) to decline to put to vote motions which infuse the
rules of proced~e;
(f) to restrain the members, when engaged in debate,
~thin the ~les of order;
(g) So enforce on all occasions the obse~ance of order
and decor~ ~ong the members;
to call by n~e any member persisti~ *n breach of
the r~es of o~of the Co~t thereby orderl~ him
~ vacate the Co~l
(i) to receive all messages and other co~unications and
anno~ce th~ to the
(J) to authenticate~ ~y h~s miracle, ~ necmss~, all
By-laws, resolutions, and minutes of the Council;
(k) %o info~ the ~cil, when necessary or when referred
to for the purpose in a point of order or usage;
(1) to select the members ~o ~e to serve on co~ittees,
when directed ~o do so in a ~rticular case;
(m) to represent and superb the Go~cil, declar~
will, ~d implicitly ob~i~ its decisions In all thins.
-3-
(n) '~eea$~re that the decisions of Og..u~..c~l ~e in conformity
with the laws amd By-laws governing the activities of
the Council;
(o) to adjou~ the meeting when the businesm is concluded;
(p) to adjourn the meeting.~t~out question put in the case
of grave disorder arism~ mn the Council Chamber.
2. Decors: No member shall:
(a) Disturb another, or the Co~cil itself, by any disorderly
deportment disconcerting to any member speaking;
(b) Resist the rules of Council, or disobey the decision of
the presiding officer or of the Council on questions of
order or practice or upon the interpretations of the
rules of order of the Council;
(c) be pe~itted to retake his seat at any meeting after
being ordered by the Presiding Officer to vacate after
co~itting a breach of any ~e of order of the Co~cil,
without maki~ apology and the consent of Council
expressed by a ~jority vote of the other members
present, datelined without debate;
(d) leave his place on adjournment until the Presiding
Officer leaves the chair;
(e) speak ~til he ~s addressed himself ~o the Presiding
Officer;
(f) walk across or out of the Ch~ber or make any noise or
disturbance when the Presidi~ Officer is putting a
~uestion and shall occupy his seat while a vote is
eing taken and ~til the result thereof is declared,
or take his seat during a debate on any order of
business ~less by leave of the presiding officer.
D. RU~S OF DEBATE:
1. The Presidi~ Officer:
In directing the course of debate, the Presidi~ Officer
shall;
(a) designate the member who has ~he floor when t~ or
more membe~ wish bo speak;
(b) preserve o~er and decide questions of order;
(c) read all motions presented in writinE and state all
motions presented verbally before pe~ltting debate on
the question, except when othe~ise provided in this
By-law.
2. In addressing the Co~cil, no member shall;
(a) speak disrespectfully of Her ~esty the ~een or of
any of the Royal Family, or of the Governor-General,
Lieutenant-Gove~or or any member of the Senate, the
House of Colons of Canada or the Legislative Assembly
of ~tario;
(b) use indecen~, offensive or insulting l~gu~e in Co~cil
or ~ainst the Council or any member thereof;
(c) speak beside the question in debate;
(d) reflect upon any prior deracination of the Council
except to conclude such re~rks ~th a motion to rescind
such dete~ination;
(e) speak more than once to the same question except;
(il upon the consideration of a report from a
committee to which it was referred by Council
after being properly introduced and debated
but not determined; or
(ii) in explanation of a material part of his speech
which may have been interpreted incorrectly, or
(iii) with leave of the Chairman, after all other
members so desiring have spoken, or
(iv) a reply may be allowed by leave of the Chairman
to the member who presented the motion to Council,
in which case he shall speak for no longer than
a 5 minute period.
(f) ask a question except of a previous speaker and in
relation to that speakerts remarks;
(g) interrupt the member who has the floor except to raise
a point of order.
3. ~eneral:
(a) any member may require the question or motion under
discussion to be read at any time during the debate,
but not so as to interrupt a member while speaking.
(b) any member may appeal the decision of the Presiding
Officer on a point of order to the Council which shall
decide the question without debate upon a majority vote
of the members present.
(c) debate shall be restricted to each proposal in its
turn when a question has been divided upon leave of
Council.
E. MOTIONS:
1. Introduction without no~ice: A motion may be introduced
without notice and read by the Chairman and upon leave of
Council resolved by a two-third majority of members present
without debate in which case it shall be set out in full in
the minutes of the meeting of Council at which it is
considered.
2. ~0tic~: At least one day's notice shall be given to all new
motions except matters of privilege or the presentation of
petitions, notices of motion received by the Clerk at any
time the Council is in session, and such notices shall be set
out in full in the agenda of the routine of business of the
meeting at which they are to be considered.
3. ~qr~: Subject to paragraph 'E' 15, a motion which when
adopted either becomes an act or expresses the sense of the
Council, shall be submitted in writing over the signature
of the mover or the signatures of the mover and seconder and
shall be complete and correct.
SecondinK: A motion must be formally seconded before the
Presiding Officer can put the question or be recorded in
the minutes.
5. Withdrawal: After a motion is read or has been stated by
the Presiding Officer, it shall be deemed to be in possession
of the Council and can be withdrawn before decision or amend-
ment only with leave of the Council expressed by resolution.
6. Priority: A motion properly before Council for decision must
receive disposition before any other motion can be received
except a motion to amend, for the previous question, to
adjourn, to extend the hour of closing proceedings, to
commit or on a matter of privilege.
-~-
7. A~: -A alotice to amend:
( a ) ~hall be pr®$9.m~ed in writing;
(b) Shall receive di$~sition of Cou$¢il before a previous
amendment on the question;
(c) only on. motion to a~end an amendment %0 ~he question
shall be all~,4a and any further amendment must
the main question;
(d) shall be relevant to the question to be received;
(e) shall not be received proposing a direct negative to
the question;
(f) to separate distinct proposals of a question may be
made;
(g) shall be put in the reverse order to that in which it
is moved.
Th~.P_r.~E~o~u.s__Q~estion: A motion for the previous question:
(a} cannot be amended;
(b) cannot be proposed when there is an amendment under
consideration;
(c) shall preclude all amendment of the main question;
{d} when resolved in the affirmative, the question is to
be put forthwith without debate or debate or amendment~
(el when resolved in the negative, the question shall not
be put at the meeting but placed on the routine of
business for the next ordinary meeting of Council to
be held in the year in which the original motion was
made;
(f} cannot be received in any Committee of Council;
(g) can only be moved in the following words ~That the
question be now put'~; and
(h~ may be voted against by the mover and seconder.
9. A_d~q~E_nxn_en_~: A motion to adjourn:
{a) The motion shall always be in order except as provided
in this paragraph and shall be put immediately without
deba~e;
(b} when resolved in the negative, cannot be made again
until after some intermediate proceeding shall have
been completed by Council;
(c) is not in order when a member is speaking, nor during
the verification of
(dl cannot be amended;
(e} is not in order immediately following the affirmative
resolution of a motion for the previous question.
lO. Re_ppe~i~t~o~n: A motion called in the order in which it stands
upon the agenda of the routine of business of a meeting and
which is not decided by Council, shall be allowed to stand
retaining their precedence upon the agenda of the routine of
business of the next ordinary meeting of Council.
ll. ~Ultra Vires~: A motion on a matter beyond the jurisdiction
of the Council shall not be received by the Presiding Officer.
-6-
12. ~E~il.e~es: A motion on a matter o~ privilege shell receive
disposition of Council forthwith upon receipt and when settled
the question so interrupted ~l:all be resumed at the point
where it was suspended.
13. Reconsideration: A motion for reconsideration of a question
which has been decided upon but not acted upon may be made
at any time by a member who voted thereon with the majority
and until decided by Council no further discussion of the
question shall be allowed, but no such motion can be received
which would require reconsideration of the same question
more than once.
15. To Commit: A motion to commit or recommit a question to a
committee or committees with or without instructions, may
be amended but must receive disposition by Council before
the question or an amendment to the question, and when made
prior thereto, before decision on a motion for the previous
question or postponement.
15. Verbal Motions: Incidental motions in respect of a matter
of special privilege, suspension of rules of procedure,
adjournment, postponement, for the previous question, or
commitment may be made verbally.
16. Divided Motion: A motion containing distinct proposals may
be divided with leave of Council.
F. VOTING ON MOTIONS:
1. ~q~s_t~on Stated: Immediately preceding the taking of the
vote thereon, the presiding officer may state a question in
the form introduced, and shall do so if required by a member
except when a motion for the previous question has been
resolved in the affirmative he shall state the question in
the precise form in which it will be recorded in the minutes.
2. Inter__r~_pti_qq: After a question is finally put by the Presiding
Officer, no member shall speak to the question nor shall any
other motion be made until after the vote is taken and the
result has been declared.
3. Div~.~_f~_0~qestipn: A separate vote shall be taken upon
each proposal contained in a question divided with leave of
Council.
Vo%9__qo~_~_r_e$idi_ng Officer: When the Presiding Officer
determines to vote on a question, his vote shall be spoken,
signified, polled and recorded after the votes of each
member voting.
5. Vote not Allowed: A member not present before the result
of a division on a question is declared, shall not be
entitled to vote on that question.
6. ~Egcorded.~Vq~: The manner of determining the decision of
Council on a motion shall be at the discretion of the
Presiding Officer, and may be by voice, show of hands,
standing or otherwise.
7. Recorded Vote: Upon a request made before proceeding to
another item of business, by a member who was present when
the question was stated, a division on the que~tion shall
be taken, and the decision of a vote determined in any
other manner, and whether declared or not, shall not be
binding upon the Council. The manner of determining the
decision of Council on a recorded vote shall be verbal
vote only and the Clerk shall record thoss voting in the
affirmative, those voting in the negative, those who have
abstained from voting under the provisions of Section l~8a
of The Municipal Act.
-7-
8. V_=Q~_Q~__~d__of .Council or P~esi~Bg__O_~ffficer: The Head of
the Council, orLth~ FresidIng Officer, ~cept when dis-
qualified to vote by reason of interest or otherwise, may
vote with the other members on all questions, and, except
where otherwise expressly provided by this Act, and question
on which there is an equality of votes shall be deemed to
be negatived.
G. GE___NERAL:
1. Or~d~r of Business: The Clerk shall have prepared a list of
the items in the order of the topics set out as the routine
of business in paragraph 'D' 3 for the use of each member
at an ordinary meeting.
2. ~n_u_t_e~:
(a) The Minutes shall record:
(i) the place, date and time of meeting;
(ii) the names of the Presiding Officer or Officers,
and of the meaber~ present;
(iii) the re.~ng, presentation, correction and
adoption of the minutes of prior meetings.
(iv) wit~lout comment
(b) It shall be the duty of the Clerk to ensure that the
minutes of the last ordinary meeting and all subsequent
special meetings held more than three days prior to
an ordinary meeting are mailed or delivered to each
member not les~ than forty-eight hours before the hour
appointed for holding such ordinary meeting.
(c) Such minutes as referred to in paragraph 'G' 2, may be
adopted by Council without having been read at the
meeting considering the question of their adoption,
and in other case the minutes must be read prior to
consideration of adoption.
3. ~9~mm__u~_$~_a~t!q~s: All written messages, memorials and enquiries
over the signature of the sender for the information of
Council on matters of fact or which contain a request for
action on the part of the Council in respect of matters
within the jurisdiction of the Council and the replies
thereto may be referred to a Committee or disposed forthwith.
4. Deputations: Persons desiring to verbally present informs-
tion on matters of fact or make a request of Council~Y
be heard on leave of Council but shall be limited in speak-
ing not more than l0 minutes except that a deputation con-
sisting of more than five persons shall be limited to 2
speakers each limited to speak not more than l0 minutes, and
shall notify the Clerk of the Municipality not less than 3
clear days prior to the date of appearing before Council.
5. Petitions: A petition in regard to a matter within the
jurisdiction of Council made over the signatures of the
subscribers shall be presented by a member who knows the
contents thereof and vouches for the propriety of the
petition, and may be received on leave of Council, may be
disposed forthwith, assigned some future time for considera-
tion by Council or referred to a Committee.
$. ~O~'t~c~q_~pq~:
(a) ~h.~lL be received upon leave of Council;
(b) may be recommitted to the same or a different committee.
-8-
7. ~inished Bus~ness: The items listed in tb~ order of the
topics set out as the routine of bu~-ess of prior meetings
which have not been dispose~of and the dar- of their first
appo~=nce on the Order of Business shall be noted, and
repeated on ~aeh subseqnent Order of Business until disposed
of by Council unless rem~v-d from the Order of Business by
leave of Gouncil.
By-!aw~:
(a) Every proposed by-law shall:
(i) be introduced by a member upon motion for leave
specifying the title and decided without debate,
or upon the report of a committee;
(ii) receive three separate readings;
(iii) receive not more than two readings on the same
day except with the consent of a majority of
the members present, and not otherwise provided
in law;
(iv) be endorsed by the Clerk with the date of the
several readings thereof;
(v) be the responsibility of the Clerk for correct-
ness when amended;
(vi) upon second reading shall be engrossed with the
seal if the third reading is not on the same day;
(vii) be finally passed by Council before signature by
the Head or Acting Head of Council and the Clerk.
(b) Every proposed by-law may be referred to Committee for
report after second reading, and such reference may be
made with or without debate on either or both the
proposed by-law or the motion to so commit, as the
Council may decide.
9. In all contingencies unprovided for in this by-law the
question shall be decided by the Presiding Officer and in
making such a rulin~ he shall base his 9ecision on the Rules,
Forms and Forms of Procedure of the Legislative Assembly of
Ontario.
lC. Any procedure required by this by-law may be suspended with
consent of not less than three-quarters of the members
present.
11. By-law ~3299 and all by-laws and p~rts of by-laws inconsistent
with the provisions of this by-law are hereby repealed.
12. This by-law shall come into force on the date of the final
passing thereof.
By-law read a First. and second tim~ this 15th day of Sept6mber, 1969.
By-Law read a Third Time and PASSED this 6th day of October, 1969.
e~ve