HomeMy WebLinkAboutBy-law 6746/07
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW 6746/07
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:
DEFINITIONS
1. In this By-law;
a) "Act" means the Municipal Act, S.O. 2001, c.25, as amended or re-
enacted from time to time;
b) "Chair" means such Councillor as may be delegated for the purpose of a
Standing Committee and in the case of Advisory Committee, means the
Chair of the Advisory Committee appointed in accordance with the terms
of reference for the Advisory Committee;
c) "Chief Administrative Officer" means the Chief Administrative Officer of the
City of Pickering;
d) "Clerk" means the Clerk of the City of Pickering;
e) "Committee" means Committees including Standing Committees, Ad-Hoc
Committees and Advisory Committees, which may be appointed by
Council from time to time;
f) "Council" means the Council of the City of Pickering;
g) "Mayor" means the Mayor of the City of Pickering'
h) "Meeting" means any regular, special, committee or other meeting of
Council and advisory committee;
i) "Member" means a member of the Councilor Committee.
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j) "Recorded Vote" means the making of a written record of the name and
the vote of each Member who votes on a question;
k) "Rule of Procedure: means the rules and regulations which are set forth in
this by-law;
I) "Substantive Motion" means any motion except one of the following:
i) to refer;
ii) to defer/postpone;
iii) to amend;
iv) to table the question;
v) to recess;
vi) to put the question;
vii) to reconsider;
viii) to adjourn;
ix) to divide.
APPLICATION
2. The Rules of Procedure contained in this By-law shall be observed in all
proceedings of Council and shall be the rules of order and dispatch of business
in Council and, where applicable in a Committee. In the case for which provision
is not made in this By-law, the procedure to be followed shall be determined by a
majority vote of the Members present and voting.
MEETING OF COUNCIL
3. First Meetinq
a) The first 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.
4. Reqular Meetinqs
All regular meetings of the Council shall be held on the third Monday of each
month at the hour of 7:30 p.m. unless otherwise provided by resolution of the
Councilor unless such a day shall be a public or civic holiday in which case 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.
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5. Special MeetinQs
a) In addition to regular meetings, the Mayor may at any time summon a
special meeting of Council by giving written direction to the Clerk stating
the date, time and purpose of the special meeting;
b) Upon 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 of Council
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 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 under clause c) shall indicate the nature of the
business to be considered at the special meeting, date, time and place of
the meeting;
e) No business other than that indicated in the notice shall be considered at
the special meeting.
6. Place of MeetinQs
All regular meetings of the Council shall be held in the Council Chambers at the
City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless
otherwise decided by Council.
7. MeetinQ Called To Order
The Mayor, 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.
8. Absence of Mavor:
a) If the Mayor does not attend within fifteen minutes after 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 by-law shall
preside over the meeting and have the same authority as the Mayor would
have had if present.
b) When the Mayor and Acting Mayor are absent or refuse to act, the Council
may by resolution appoint one of its members to act in the place and stead
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of the Mayor and Acting Mayor, and such Member shall have the same
authority as the Mayor.
9. Quorum
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 adjourned until the next meeting.
COMMITTEES
10. a)
There shall be a Planning & Development Committee and an Executive
Committee, to be considered as Standing Committees for the purposes of
this By-law, to be organized as follows:
i) The Planning & Development Committee and the Executive
Committee shall be comprised of all Members of Council.
ii) The Planning & Development Committee shall meet on the first
Monday of each month at 7:30 p.m. in the Council Chambers.
iii) The Executive Committee shall meet on the second Monday of
each month at 7:30 p.m. in the Council Chambers.
iv) The Chair of the Committee shall be rotated each meeting amongst
the Members of Council, excluding the Mayor, in alphabetical order.
v) The Planning & Development Committee and the Executive
Committee shall enquire into and report to Council on any matter
within the jurisdiction of the City of Pickering any other matter
referred to it by Council.
11. Notwithstanding Section 10 of this By-law,
(a) Council may consider any matter without referring it to a Committee or
may refer it to two or more Committees and may withdraw a matter from a
Committee at any time.
(b) Council may at any time appoint a special or ad hoc Committee to enquire
into and report on any matter.
12. 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 recorded vote shall not be taken on a question before a Committee;
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(b) the rules in respect to the introduction of new business in Council and the
hearing of delegations shall apply to Committees unless otherwise
decided by the Committee;
(c) persons that are present at a Standing Committee meeting to speak to a
matter that is a statutory public meeting are not required to register as a
delegation. All other members of public who wish to address the
Committee are to register with the Clerk by no later than 4:00 pm on the
day of the subject meeting.
(d) the agendas, minutes and any written notices pertaining to any Standing
Committee shall be sent to all Members of Council.
(e) a report, setting out the recommendations of the Committees, shall be
forwarded to the first regular Council Meeting following the meeting of the
Committee.
(f) Special Meetings of the Standing Committees,
(i) May be called by the Mayor on condition that the Committee does
not meet while Council is meeting.
(ii) May be called by the Mayor when requested to do so by a majority
of Members of Council.
(iii) Written notice of a Special Meeting of a Committee must be given
to all Members of Council at least 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 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;
(iv) The written notice to be given under clause (Hi) shall indicate the
nature of the business to be considered at the Special Meeting and
the date, time and place of the Meeting.
(v) No business other than that indicated in the written notice shall be
considered at the Special Meeting.
g) All Advisory Committees of Council are required to adhere to the 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.
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h) All advisory committees are required to present a yearly work plan and
annual report on the status of the work plan to Council.
ORDER OF BUSINESS
13. a)
The order of business for the regular meetings of Council shall be as
follows:
i) Meeting Called To Order
ii) Invocation
iii) Minutes of Previous Meetings
iv) Presentations
v) Delegations
vi) Correspondence
vii) Committee Reports
viii) New and Unfinished Business
ix) Motions and Notices of Motion
x) By-laws
xi) Confidential Council
xii) Confirmation By-law
xiii) Adjournment
b) 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.
c) A meeting or part of a meeting may be closed to the public if the subject
matter being considered is:
i) the security of the property of the City;
ii) personal matters about an identifiable individual, including
employees of the City;
iii) a proposed or pending acquisition of disposition of land for City
pu rposes;
iv) labour relations or employee negotiations;
v) litigation or potential litigation, including matters before
administrative tribunals, affecting the City;
vi) the receiving of advice that is subject to solicitor-client privilege,
including communications necessary for that purpose;
vii) a matter in respect of which Council may hold a closed meeting
under another Act.
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14. Duties of the Mavor:
It shall be the duty of the Mayor to,
a) expel or exclude from any meeting any person who has been guilty of
improper conduct at the meeting,
b) announce the business before the Council in the order of which it is to be
acted upon,
c) put to vote all questions, which are regularly moved and seconded, or
necessarily arise in the course of the proceedings, and to announce the
result,
d) decline to put to vote motions which infringe the rules of procedures,
e) restrain the members, when engaged in debate, within the rules of order,
f) to open the meeting of Council by taking the Chair and calling the
Members to order,
g) to enforce on all occasions, the observance of order and decorum among
the Members,
h) to call by name, any Member persisting in breach of the rules and
regulations of the Council, thereby ordering the Member to vacate the
Council Chamber,
i) to authenticate by signature, when necessary, all by-laws, resolutions and
minutes of Council,
j) to inform the Members of Council on any point of order,
k) to perform other duties when directed to do so by a resolution of Council,
I) to represent and support Council, declaring its will and implicitly obeying
its decisions,
m) to adjourn the meeting when the business is concluded, and
n) to adjourn the sitting without the question being put or to suspend or
recess the sitting for a time to be named if considered necessary because
of grave disorder.
0) to make presentations to any charity, organization, government, or person,
on behalf of Council, at a proceeding of Councilor its committees. Where
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a presentation is made to an organization or charity on which a Member of
Council has been appointed to sit, the presentation shall be jointly made
with the Mayor and the appointed Member of Council. Where otherwise
appropriate, presentations may be made jointly with another member or
members of Council.
p) to accept presentations to the City of Pickering, carried out at a
proceeding of Councilor its committees. Where a presentation is
accepted from an organization or charity on which a Member of Council
has been appointed to sit, the presentation shall be jointly accepted with
the appointed Member of Council. Where otherwise appropriate,
presentations may be accepted jointly with another member or members
of Council.
q) to recite the Invocation.
RULES OF DEBATE IN COUNCIL AND COMMITTEES OF COUNCIL
15. Decorum Durinq Debate:
During debate, and while the Chair is speaking, or 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.
16. Recoqnition of Member
Every Member shall raise their hand and be recognized by the Chair prior to
speaking to any matter or motion.
17. 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 their hand first.
18. Requirement to Vote
When a motion is put, every Member present at a meeting shall vote unless they
have a conflict of interest. If a Member refuses to vote, the Member shall be
deemed to have voted in the negative.
19. Decorum While Callinq 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.
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20. Interruptions
When a Member is speaking, no other Member shall pass between the Member
and the Chair or interrupt except to raise a point of order.
21. 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.
22. Speakinq to a Motion
a) No Member shall speak more than once to the same motion except,
i) with leave of the Chair, in explanation of a material part of their
speech which may have been interpreted incorrectly,
ii) with leave of the Chair, after all other Members so desiring have
spoken,
iii) a reply may be allowed by leave of the Chair to the Member who
presented the motion, in which case the Member shall speak for no
longer than a five minute period.
b) Except with the leave of the Chair, no Member shall speak longer than ten
minutes to the motion before Council.
23. Questioninq 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 paragraph (a) 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 motion under discussion
but only for the purpose of obtaining information, following which the
Member shall speak.
24. Proceedinqs Decided bv Chair
In all other proceedings of Council, the matter shall be decided by the Chair,
subject to an appeal to Council on a point of order.
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POINTS OF ORDER AND PRIVILEGES
25. Questions of Order
The Chair shall preserve order and decide questions of order.
26. Rules For Risinq on Points of Order and Privileqe
a) When a Member rises on a point of order, the Member shall ask leave of
the Chair to raise a point of order and after leave is granted, the Member
shall state the point of order to the Chair and await the decision of the
Chair on the point of order.
b) Thereafter, a Member shall only address the Chair for the purpose of
appealing the Chairs decision to Council.
c) If the Member does not appeal, the decision of the Chair shall be final.
d) If the Member appeals to Council, it shall be done by a duly moved and
seconded motion and Council shall decide the question without debate
and the decision shall be final.
e) When a Member has a question of privilege or considers that their integrity
or the integrity of the Council as a whole has been impugned, the Member
may as a matter of privilege, and with the leave of the Chair, rise for the
purpose of drawing the attention of Council to the matter.
CONDUCT OF MEMBERS OF COUNCIL
27. Respectful Lanquaqe
No Member shall 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.
28. Unparliamentary Lanquaqe
No Member shall use offensive words or unparliamentary language in or against
Councilor against any Member.
29. Speakinq in Council
No member shall speak on any subject other than the motion being debated.
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30. Criticism of Council Decisions
No Member shall criticize any decision of Council except for the purpose of
moving a motion to be reconsidered.
AGENDA IN COUNCIL
31. Minutes
a) The Clerk shall cause minutes to be taken of each meeting of Council,
which shall include:
i) the place, date and time of the meeting;
ii) the names of the presiding officer or officers and the record of the
attendance of the members;
iii) the reading, if requested by a majority of members present and
voting, the correction" if necessary and the adoption of the minutes
of the previous meeting;
iv) all other proceedings of Council without note or comment.
b) It shall be the duty of the Clerk to ensure that the minutes of the last
regular meeting and all special and standing committee meetings held
prior to a regular meeting are included with the agenda and delivered to
each member no later than the Friday preceding the holding of such
regular meeting.
32. Presentations
a) Charities, organizations or individuals wishing to address Council to inform
members of special events or achievements, and to seek Council's
recognition of the event or achievement, shall request the opportunity to
be granted presentation status.
b) The request for presentation status shall be submitted to the Clerk, in
writing, no later than fourteen days preceding the meeting at which the
presentation is to be made.
c) Persons desiring to verbally present information of an urgent nature to the
Council may be heard upon a two-thirds majority vote of the members
present.
33. Deleqations
a) With respect to Meetings of Council, persons desiring to verbally present
information on matters of fact or to make a request before Council may be
heard on leave of Council but shall be limited in speaking not more than
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ten minutes and shall notify the Clerk in writing no later than noon of the
preceding Thursday of appearing before Council and state the nature of
the issues they wish to address. For matters related to the Standing
Committee that are being presented to Council, delegations may be heard
provided they have first appeared before the appropriate Standing
Committee and a majority of the Members present vote to hear the
delegation. A delegation consisting of more than five persons shall be
entitled to two speakers with each limited to speak not more than ten
minutes.
b) With respect to Meetings of Committees, persons desiring to verbally
present information on matters of fact may be heard on leave of the
Committee but shall be limited in speaking to not more than ten minutes
and shall notify the Clerk no later than 4:00 pm on the day of appearing
before Committee and state the nature of the issues they wish to address.
c) The priority in which delegations shall be considered by council shall be in
accordance with the following:
i) known and listed delegations arranged with the Clerk prior to the
distribution of the agenda. Delegations shall be listed in the
agenda in the order in which requests are received by the Clerk, 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 order to afford the
proponent the opportunity of making presentation after all other
interested persons have done so;
ii) persons who, subsequent to the preparation of the agenda and
prior to the commencement of the meeting, apply in writing to the
Clerk to be heard.
34. Correspondence
a) Correspondence intended to be presented to the Council shall be legibly
written or printed and shall not contain any impertinent or improper matter
or language and shall be signed by at least one person and filed with the
Clerk.
b) Any correspondence received shall include electronic mail provided it
includes the computer address and full name of the sender and is
received by the Clerk not later than Thursday noon before the meeting of
the Council.
c) The Clerk shall prepare a summary of the substance of all
correspondence for inclusion in the agenda.
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d) All correspondence on any subject within the cognizance of a standing
committee shall, on presentation, unless otherwise disposed of by the
Council, be referred to the standing committee.
35. Committee Reports
Standing committee reports which are to be adopted by the Council shall be
listed under the Committee Reports section of the agenda.
36. New and Unfinished Business
a) Departmental reports which are deemed by the Chief Administrative
Officer to be of an urgent nature, 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.
b) A member may, with the consent of two-thirds of the members present,
introduce a motion under New and Unfinished Business which due to its
urgent nature cannot be properly presented at a meeting of a standing
committee.
37. Notices of Motion
a) A member desiring to introduce a main motion at a meeting regarding a
matter that would not otherwise be considered by the Council at such
meeting, shall deliver a written copy of the motion, signed by the mover
and seconder, to the Clerk not later than Thursday noon before the regular
meeting of Council at which notice of the motion is to be given.
b) The Clerk, upon receipt of a notice of motion, shall print the motion in full
in the agenda for the next regular meeting of the Council.
c) A notice of motion shall not be considered or otherwise disposed of by
Council at the regular meej[jng at which it is first introduced but may be
considered or otherwise disposed of at any subsequent meeting of the
Council provided the mover of the motion is in attendance at the meeting.
d) Any member of the Council may agree to second a notice of motion if the
seconder is absent from the meeting.
e) A notice of motion that is called for by the Mayor at two (2) meetings of the
Council and has not been proceeded with shall be removed from the
agenda unless otherwise directed by Council.
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38. By-laws
a) The Mayor shall introduce the reading of the by-laws, and shall request a
motion for the first and second reading of the by-Iaw(s) under
consideration.
b) The first reading of a by-law shall be decided without amendment or
debate.
c) Every by-law shall have three readings prior to being passed by Council.
d) Every by-law when introduced, shall be in typewritten form and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with the provisions of any Act which shall be
complete with the exception of the number and date of the by-law.
e) Every by-law which has been passed by the Council shall be numbered,
dated and shall be sealed with the seal of the Corporation and signed by
the Mayor and the Clerk and shall be deposited by the Clerk in his/her
office for safekeeping.
39. Confirmatory By-law
At the conclusion of all regular and special meetings of the Council, and prior to
the adjournment, a by-law shall be brought forward to confirm the actions of the
Council in respect of each motion, resolution and other action 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.
40. Adiournment
The Council may adjourn upon a motion, which is non-debatable, approved by
the majority of members present, the meeting shall adjourn.
MOTIONS
41 . Secondinq
A motion must be formally seconded before the Chair can put the question or for
it to be recorded in the minutes.
42. Withdrawal
After a motion is 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.
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43. Priority of Disposition
A motion properly before Council for decision must be disposed of before any
other motion or matter can be introduced with the exception of anyone 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
44. Deferral Motions
A motion to defer to a certain day or for a particular reason shall be in order after
a motion is read or stated by the Chair and debate shall be confined to the
propriety of the deferral.
45. Amendments
A motion to amend,
a) shall be presented in writing if requested by the Chair,
b) shall be relevant to the original motion,
c) a motion to amend an amending motion shall be disposed of by Council
before the motion to amend the original motion,
d) only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original motion,
e) shall be disposed of by Council before the original motion,
f) shall not be received if it proposes a direct negative to the original motion.
46. Vote on the Question
A motion that a vote on the question be now taken;
a) cannot be amended or debated,
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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, the original motion is to be put forward
without debate or amendment,
d) can only be moved in the following words: "That the question be now put"
or "Call the question".
e) a motion 'that the question be now put' requires a two-thirds vote of the
Members present.
47. Adiournment
A motion to adjourn,
a) shall always be in order except as provided in this section and shall be put
immediately without debate,
b) when resolved in the negative, cannot be made again until after some
intermediate proceedings shall have been completed by Council,
c) is not in order when a Member is speaking nor during the verification of a
vote,
d) cannot be amended,
e) is not in order immediately following the affirmative resolution for the
previous question.
48. Privileqe
A motion on a matter of privilege shall receive disposition of Council upon receipt
and, when settled, the question so interrupted shall be resumed at the point
where it was suspended.
49. Reconsideration:
a) After a substantive motion has been decided, any Members who voted or
are deemed to have voted thereon in the majority, may at any time prior to
adjournment of the meeting at which such substantive motion was
decided, give notice in writing that they will move, at the first meeting held
thereafter, a reconsideration motion.
b) The Council shall immediately upon receipt of such notice, vote as to
whether or not the notice will be considered at the first meeting held
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thereafter, and should the ensuing division result in the minority vote being
less than one-third of those present and voting, such notice for
reconsideration shall be declared lost.
c) After such notice has been given and accepted, no action shall be taken to
carry into effect the original motion until after the motion to reconsider has
been disposed of at the next regular meeting or a special meeting called
consider the accepted notice.
d) Every motion for reconsideration considered at a subsequent meeting
shall be declared lost, unless passed with the majority of the Members of
Council present and voting.
e) No discussion of the original motion shall be allowed upon presentation of
a notice for reconsideration or upon an accepted notice for reconsideration
or upon the motion to reconsider until the Council has voted to reconsider
the same, but the Member giving such notice may have the privilege of
stating the reasons for doing so.
f) No motion upon which a notice for reconsideration has been accepted
shall be considered more than once, nor shall a vote to reconsider be
reconsidered.
g) The words "the first meeting held thereafter" in paragraphs (a) and (b)
hereof shall mean the first regular meeting of Councilor a special meeting
called to consider an accepted motion for reconsideration.
50. Referral Motions
A motion to refer or to refer back a motion or matter to a Committee or a member
of staff with instructions may be amended but shall be disposed of by Council
before the original motion or any other motion pertaining to the original motion.
51. 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.
52. Motion to Rescind
A motion to rescind a previous resolution of Council requires a majority vote of
the Council 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.
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53. Motion to Table
A Member shall not be allowed to speak to a motion and immediately move a
tabling motion.
54. Neqative Motion
A motion to rescind a defeated motion of Council is not required, and the subject
matter may not be reintroduced or debated in any form without leave of Council
upon a majority vote of the Members present and voting.
VOTING ON MOTIONS
55. Question State
Immediately preceding a vote, the Chair may state the motion in the form
introduced and shall do so if requested by a Member. The Motion shall be stated
in the precise form in which it will be recorded in the minutes.
56. No Interruption After Question
After the Chair has called the vot13 on a motion, no Member shall speak to the
motion or shall any other motion be presented until, after the vote and the result
has been declared.
57. Vote Not Allowed
A Member shall not be entitled to vote on any part of a divided motion, if the
Member did not vote on the motion to divide.
58. Unrecorded Vote
The manner of determining the dE~cision of Council on a motion shall be by the
prominent show of hands.
59. Disaqreement With Result of Vote
If a Member disagrees with the announcement of the Mayor 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.
60. Recorded Vote of Council
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 alphabetically thereafter, except a Member who is disqualified
By-law 6746/07
Page 19 of 20
from voting by any Act, shall announce their vote openly and the Clerk shall
record each vote. The Mayor shall be called upon to vote following all other
Members. If a Member refuses to vote, the Member shall be deemed to have
voted in the negative.
61. Vote of Head of Councilor Presidinq Officer
The Head of the Council, or the Presiding Officer, except when disqualified to
vote by reason of interest or otherwise, may vote with the other Members on all
questions, and, except where otherwise expressly provided by the Municipal Act,
any question on which there is an equality of votes shall be deemed to be
negative.
62. Two-Thirds Vote
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
63. 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.
GENERAL
64. Recordinq of Minutes
a) The Clerk shall record without note or comment all resolutions, decisions
and other proceedings at a meeting of the body, whether it be closed to
the public or not;
The record required in accordance with the Municipal Act shall be made
by:
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.
65. Public Notification
Public notification shall be deemed to have been given by the posting of the
Councilor Committee agenda on the City website and available for public review
By-law 6746/07
Page 20 of 20
in the office of the City Clerk by no later than 2 pm on the Friday preceding the
regularly scheduled meeting. For special meetings, notice of the special meeting
shall be posted on the website at least twenty-four hours preceding the meeting.
66. Continqencies
In all contingencies not provided for in this section, the question shall be decided
by the Chair and in making such a ruling; the decision shall be based on Roberts
Rules of Order.
67. Suspension of Rules
Any procedure required by this section may be suspended with consent of not
less than two-thirds of the Members present.
68. Commencement and Administration
a) This by-law shall be administered by the Clerk.
b) By-laws 3665/91, 4565/95, 5874/01, 5933/01, 6251/04, 6321/04, 6334/01
and 3665/91 are hereby repealed.
c) The short title of this by-law is the "Procedural By-law".
By-law read a first, second and third time and finally passed this 19th day of March,
2007.
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Oebi A. Bentley, City Clerk
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