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HomeMy WebLinkAboutCAO 03-12 Cirq Report To Executive Committee PICKERING Report Number: CAO 03 -12 Date: January 16, 2012 01 From: Paul Bigioni City Solicitor Subject: Public Meeting Notice of the Passing of a By-law for Council Rules of Procedure Recommendation: 1. That a public meeting be held for the purpose of soliciting comments with respect to a revised Council Rules of Procedure by-law; and 2. That upon review of the comments, the City Clerk present the by-law at the February 21; 2012 meeting of City Council. Executive Summary: As part of a review of the Council Rules of Procedure by-law, revisions are being recommended to create meeting efficiencies and clarification. Financial Implications: There are no financial implications associated with this by-law. Background: The Council Rules of Procedure by-law is reviewed during each new term of Council for any revisions deemed necessary. Revisions to the existing by-law are proposed to enhance meeting efficiencies and to clarify meeting procedures. In accordance with Subsection 238(4) of the Municipal Act, 2001, before passing a procedure by-law, "a municipality and local board shall give notice of its intention to pass the by-law." Accordingly, notice was given of the public meeting to be held on January 11, 2012 in the News Advertiser and posted on the City's website. A copy of the notice is included as Attachment No. 1 to this report. To date no written submissions have been received in this regard. f Report CAO 03-12 Dater January 16, 2012 Subject: Rules of Procedure By-law Page 2 02 Attachments: 1. Notice of Public Meeting 2. Draft Rules of Procedure By-law Prepared By: Approved/ Endorsed By: Debbie Shields Paul Bigioni City Clerk City Solicitor Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council J 4, ,20 r Z Ton Prevedel, Chief Administrative Officer CORP0227-07/01 A'TTACHMF,N1" . 1 - 03 NOTICE OF PUBLIC MEETING Passing of a Revised Procedural By-law TAKE NOTICE that the Executive Committee of the Council of the Corporation of the City of Pickering will hold a public meeting on Monday, January 16, 2012 at 7:30 pm in the Council Chambers, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, pursuant to the Municipal Act, to consider a revised procedural by-law. The purpose of the meeting is to inform the public about the proposed procedural by-law and to solicit public input. Any person wishing to address Council with respect to this matter must contact the undersigned on or before noon of Friday, January 13, 2012 to register as a delegation. The Council will also consider any written submissions. Copies of the report and proposed by-law will be available on or after January 13, 2012 during regular business hours. Any comments or requests for further information regarding the proposed procedural by-law may be directed to the City Clerk at 905.420.4660, ext. 2019. Dated at the City of Pickering this 11th day of January, 2012. Debbie Shields City Clerk t a4T~TAK~Hf~EN~'~- 04 The Corporation of the City of Pickering By-law XX/12 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 C.ityof-Pickering hereby enacts as follows: Index Page Definitions ' 4 Application of this By-law' : 6 6 Duties Council" Mayor/Chair . Types of Meetings ~o~~f Council 3!,~, k 7 i Inaugural Meetm Regular Council ;Meetings,? Special Meetings o%,Co.uncil orya Standing Committee Closed Meetings Sxandm Com mittee Maetin s Statutory Public Meetings Advisory Committee Speciol;.or Ad Hoc Committee Closed Meetin g Rules 9 Public Information on Closed Meeting Business Information - C hfident-al Distribution of Ctlnfdential Material Limits on voting actions at closed meeting Attendance at a closed meeting Final decision on Items from closed meetings Authority to Speak on Closed Meeting Matters Enquiries Regarding Closed Meetings Contraventions Complaints About Appropriateness of a Closed Meeting Pecuniary Interest Rules 11 Actions prior to a meeting Notification of Meetings 12 By-law ****/12 Page 2 05 Public Notification Emergency Meeting Notification Meeting Cancellation Lack of Proper Notice Meetings 12 Place of Meetings Chairing of Meetings Clerk's Attendance at Meetings Recording of Minutes Committee Referral Committee Meeting - Rules of Procedure Prohibited - Signs, Banner, Emblems, Flags, Camera's, Video Recordings Access to Council Floor Meeting Called to Order Quorum Absence of Mayor/Chair Quorum when members absent because of a pecuniary interest Procedural Rules Agenda and Minutes Consideration of Items No Majority Decision- Committee Report Without Recommendation Adjournment Hour/All Meetings Motion to continue past 12:00 am Conduct at Meetings 15 Members of the Public Members of Council Action When Behaviour Inappropriate Order of Business 16 Change in Order Presentations 17 Delegations 17 Delegations at a Standing Committee Meeting Delegations Request for Action Delegation Time Limit Delegation Request for the Use of Audio Visual Equipment Priority of Delegations Conduct of Delegate Questions to the Delegate Delegations at Committee Correspondence 20 Committee Reports 20 New and Unfinished Business 20 By-law ****/12 Page 3 06 Requests for Substantive Reports Notices of Motion 21 By-laws 21 Confidential Report 21 Other Business 22 Confirmatory By-law 22 Adjournment 22 Rules of Debate 22 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 Common Motions 24 Seconding Withdrawal Priority of Disposition Questions of Privilege and Points of Order Motion to Table Motion to Divide Referral Motions Deferral Motions Amendments Adjournment Reconsideration Motion to Rescind Negative Motion Motion Impacting or Changing City Budgets Question Stated No Interruption After Question Voting 27 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes 07 By-law ****/l2 Page 4 No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Vote of Council Vote of Head of Council or Presiding Officer Vote on the Question Divided Motion - Vote Not Allowed Contingencies 29 Suspension of Rules 29 Two-Thirds Vote 29 Commencement and Administration 29 Definitions 1.1 Definitions: a) "Act" - The Municipal Act, S.O. 2001, c.25, as amended 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" - committees including 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; By-law ****/12 Page 5 03 k) "Inaugural Meeting" - the first meeting of a new Council after a municipal election where the declarations of office are made; 1) - "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 or a Committee where a Quorum is present, but does not include an Education Session; 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; q) "Pecuniary Interest" - a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, 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. y) "Statutory Public Information Meeting" - a meeting that is legislated under an Act and hosted by staff, standing committee or Council in order to inform the members of the public about a matter; Application of this By-law 2.1 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 this By-law, the By-law "'M 2 Page 6 n procedure to be followed shall be determined by a majority vote of the Members present and voting. Duties 3.1 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. 3.2 Mayor/Chair The Mayor or Chair shall: 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 without debate or comment. 1) Rule whether a motion or proposed amendment is in order. By-law ****/12 Page 7 ' 1 0 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. Types of Meetings of Council 4.1 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. 4.2 Regular Council Meetings a) All regular Meetings of the Council shall be held on the third Monday of each month at the hour of 7:30 pm unless otherwise provided by resolution of the Council or 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. 4.3 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 of the 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 By-law . /12 Page 8 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. 4.4 Closed Meetings a) All Meetings of Council closed to the public will be held prior to the regular start time, unless otherwise provide by resolution of Council, and will only deal with matters that Council is authorized to deal with in a closed session. 4.5 Standing Committee Meetings a) There shall be a Planning & Development Committee and an Executive 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 Planning & Development Committee shall meet on the first Monday of each month at 7:30 pm in the Council Chambers. It shall be the duty of the Planning & Development Committee to study and report to Council on matters under the jurisdiction of the Planning & Development Department. d) The Executive Committee shall meet on the second Monday -of each month at 7:30 pm in the Council Chambers. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Administration Department, the Corporate Services Department, the Community Services Department and the Office of Sustainability. 4.6 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) Appropriate advertising shall be undertaken as required by applicable legislation, by-law or according to City policy, to advise interested persons of the subject, date and time. 12 By-law ****/12 Page 9 4.7 Advisory Committees a) All Advisory Committees of Council are required to adhere to this Procedural By-law and 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; and b) All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council. 4.8 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. Closed Meeting Rules 5.1 General a) 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 or disposition of land by the City; (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; or b) a meeting held for the purpose of educating or training the Members of Council may be closed to the public, provided that no Member discusses or otherwise deals with any matter at the meeting in a way that materially advances the business or decision-making of the Council, local board or committee. By-law ****/12 Page 10 13 5.2 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 Education 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. 5.3 Information - Confidential All information, documentation or deliberations received, reviewed, or taken in a Closed Meeting, including the agenda, is confidential and must not be released to the public or any individual not entitled to be present at the Closed Meeting. 5.4 Distribution of confidential material The Clerk must distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member's name. Confidential material must not be emailed to Members or staff. 5.5 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. There shall be no recorded votes at Closed Meetings. 5.6 Attendance at a Closed Meeting Members can only attend a Closed Meeting in person. 5.7 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. 5.8 Authority to speak on Closed Meeting matters Only the Mayor or the Mayor's delegate may release information about any matters'' dealt with at a Closed Meeting, no other Member is permitted to do so. 6y-law ****/12 Page 11 5.9 Enquiries regarding Closed Meetings The response of Members to inquiries about any matter 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. 5.10 Contraventions a) Any Member who contravenes section 7.8 or section 7.9 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 7.8 or section 7.9 may be commenced except on the direction of Council, expressed in a resolution of Council. 5.11 Complaints about the appropriateness of a Closed Meeting Any complaints made in relation to Closed Meetings under section 239.1 of the Act must be in writing pursuant to section 239.2 of the Act and directed to the Clerk who will forward them to the Investigator appointed by Council. All complaints will be treated as confidential at all times and will be forwarded directly to the Investigator to be dealt with as required by section 239.2 of the Act. Pecuniary Interest Rules 6.1 The purpose of the Municipal Conflict of Interest Act is to ensure Members, do not personally profit from a decision they played a role in making. The Act, as per appendix I attached, lays out the procedure that elected officials must follow when faced with an issue whose outcome could potentially impact their pecuniary interests. 6.2 Actions prior to a meeting In addition to fully complying with all obligations imposed by the Municipal Conflict of Interest Act, when a Member, has a pecuniary interest in a matter on a Meeting agenda or in a Closed Meeting, the Member must not attempt in any way, either before, during, or after the Meeting, to influence the voting on the matter. By-law ****/12 Page 12 Notification of Meetings 7.1 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 - by 4:00 pm on the Friday, 10 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. 7.2 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may 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. 7.3 Meeting Cancellation Upon notice of a Meeting cancellation, the Clerk shall attempt to notify the public as soon as possible and in the most expedient manner available. 7.4 Lack of Proper Notice Lack of proper notice of a Meeting will not affect the validity of holding a Meeting or of any action taken at the Meeting provided that all Members attend the Meeting or Members who are not in attendance individually inform the Clerk that they consent to the holding of the Meeting even though they cannot be present. Meetings 8.1 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. 8.2 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. 16 By-law ****/12 Page 13 8.3 Clerk's Attendance at Meetings The City Clerk or Clerks 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. 8.4 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: 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. 8.5 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 recorded vote shall not be taken on a question before a Committee, and b) A report, setting out the recommendations of the Committees, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. 8.6 Prohibited -Signs, Banner, Emblems, Flags, Camera's, Video Recordings a) Signs, banners, emblems, flags, cameras and video recordings are prohibited in the Chambers except by permission of the Chair. b No person shall applaud participants in debate or engage in conversation or other behaviour which may disrupt the proceedings of Council or a Committee 8.7 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 while Council or a Committee is sitting; b) All material to be distributed to Council during a meeting can only be distributed by the Clerk or the Clerks designate. 17 By-law ****/12 Page 14 8.8 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. 8.9 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 adjourned until the next Meeting. b) A majority of the Members elected to the Council shall constitute a quorum. 8.10 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 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 of the Mayor and Acting Mayor, and such Member shall have the same authority 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 will assume the position of Chair. 8.11 Agendas and Minutes The agendas, minutes and any written notices pertaining to any Standing Committee and Council meeting shall be sent to all Members of Council. 8.12 Consideration of Items 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. 8.13 No Majority Decision - Committee Report Without Recommendation When a standing committee is unable to reach a majority decision on any matter, such matters shall be deemed to be in the possession of the Council for its disposition and reported to Council with the recommendation, "Council Direction Required". By-flaw ****/12 Page 15 8.14 Adjournment Hour/All Meetings All regular Meetings shall stand adjourned when all business has been completed as listed on the Order of Business or upon the arrival of the hour of 12:00 am. 8.15 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 by a majority vote of all the Members present may approve an extension of the Meeting to the hour 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 to reconvene the Council Meeting to another day and time prior to the next regular Meeting of Council is adopted by majority vote. If a resolution of Council to reconvene 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. Conduct at Meetings 9.1 Members of the Public The Chair will ensure that members of the Public shall be respectful of Council, staff, delegations and all attendees at the Meeting by not heckling, speaking disruptively while debate is in progress, making comments or applauding. 9.2 Members of Council Members of Council shall: a) act in accordance with their Oath of Elected Appointed Officials; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings. d) 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; e) not use,offensive words or unparliamentary language in or against Council or against any Member; By-law ****/12 Page 16 19 f) not speak on any subject other than the motion being debated; g) not criticize any decision of Council except for the purpose of moving a motion to be reconsidered. 9.3 Actions When Behaviour Inappropriate 9.4 The Chair may Call the person to Order and take one or more of the following actions: a) decide that there was no beach of the rule. b) ask the person in breach of the rules to stop the behaviour; c) ask the person to withdraw what was said; d) ask the person to apologize, or 9.5 If previous attempts to call the member to order have failed, the Chair may, not recognize the person, for the balance of that meeting. Order of Business 10.1 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 (1) Confidential Report (m) Other Business (n) Confirmation By-law (o) Adjournment. 10.2 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. ~Olaw ****/12 Page 17 Presentations 11.1 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) It shall be the duty of the Mayor to make presentations and accept presentation, on behalf of Council, at proceedings of Council. Where a presentation is made 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 Delegations 12.1 Delegations a) All delegations shall, first appear before a Standing Committee having charge of the matter. b) If the delegation has submitted information to a Standing Committee on an item listed on the agenda, the Clerk shall not register, the delegation again at the Council Meeting unless the delegate has new information to submit due to the fact that all seven members of Council would have heard the delegation at the Standing Committee. c) All delegations desiring to be noted in the agenda to verbally present information on agenda matters may make application stating the nature of the issues they wish to address to the Clerk. The request must be in writing and submitted to the Clerk no later than 4:00 pm on the Wednesday prior to the meeting. A written brief is encouraged and, if submitted to the Clerk by noon on the Friday preceding the meeting shall be copied and distributed as- "Delegation" submissions to Members. d) 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. By-law ****/12 Page 18 21 e) Delegation requests for items not listed on an agenda must be referred to City staff having charge of the matter first. Appearance before the Standing Committee would be only after all efforts to deal with or arrive at a solution on the subject matter have failed. f) Delegations that have presented information on matters of fact shall be limited to one appearance in a calendar year on a specific subject. 12.2 Delegation Time Limit a) A maximum of five minutes shall be allotted for each delegation to present his/her position of support or opposition to the relevant item on the Order of Business. b) Delegations will not be permitted to assume any unused time allocated to another delegation. 12.3 Delegations at a Statutory Public Meeting Delegations will be permitted from the gallery without prior registration only during the public hearing portion of a Meeting 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 Meeting but, are encouraged to do so in order to facilitate the efficient conduct of the Meeting. 12.4 Delegations request for action Delegations which appear at a meeting and request that action be taken by the Council shall be referred to City staff, for a report that shall be dealt with at a future Meeting of Council. 12.5 Audio Visual Equipment for Delegation Audio visual equipment may be used to assist in presentations by delegations, provided that permission has been obtained for use of such equipment from the Clerk at the time the delegation registered with the Clerk. Any delegation material must be to the Clerk by 12:00 noon on the Friday before the Committee meeting. 12.6 Priority of Delegations The priority in which delegations shall be considered by Council shall be in accordance with the following: a) delegations shall be listed in the agenda in the order in which requests were 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 By-aw ****/12 Page 19 proponent the opportunity of making presentation after all other interested persons have done so; and b) 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, shall be heard only if permitted by two-thirds vote, and, if so permitted shall be heard after all registered delegations. 12.7 Conduct of the Delegate a) The Chair may curtail any delegation, any questions of a delegation or any debate during a delegation for disorder or any other breach of this by-law and, if the Chair rules that the delegation is concluded, the person or persons appearing shall end the delegation, and the decision of the Chair shall not be subject to any challenge. 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/Council; (iv) disobey a decision of the Chair or Committee or Council; (v) enter into cross debate with other delegations, City staff, Council Members or the Chair. 12.8 Questions to the Delegate 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) Members may ask up to 5 questions of the delegation or with leave of the Chair additional questions if required. c) All questions to the delegation from Members shall be stated succinctly, and questions stated as "are you aware", "do you agree" shall not be used as they do not seek clarification or additional information. Questions shall not be used by Members as a means of making statements or assertions, it being understood that delegations are an opportunity for delegates not Members, to make their views know. Members shall not enter into debate and questions to the delegation shall be presented in a courteous and non- argumentative manner. d) Once a motion has been moved and seconded, no further representation or questions of the delegation shall be permitted. By-law ****/12 Page 20 ? Correspondence 13.1 Correspondence a) 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. b) The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda. c) Petitions are a specific form of correspondence that must be presented to the Clerk for Committee or Council action. Petitions must include a statement or position that the signers are supporting, the legible printed names of the signers and the original signatures of each of the signers. Individuals who are represented by photocopies of their signatures will not be considered valid supporters of the petition. The individual or group initiating the petition, or submitting the petition to the Clerk, must provide a key contact name, address and telephone contact information to the Clerk. Committee Reports 14.1 Committee Reports Standing Committee reports which 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 15.1 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. 15.2 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 which due to its urgent nature, cannot be properly presented at a Meeting of a Standing Committee. b) A Member desiring to introduce a main motion must do so in writing to the Clerk. 24 By-law ****/12 Page 21 Notice of Motion 16.1 Notices of Motion a) A Member desiring to introduce a notice of motion must do so at a meeting, in writing at least 10 days prior to the Meeting at which the motion will be dealt with. b) 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. c) The Clerk, upon receipt of a notice of motion in accordance with a) and b), shall print the motion in full in the agenda for that regular meeting of the Council. d) 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. By-laws 17.1 By-laws a) All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of the by-law, at which time the subject by-law shall be removed from the motion and dealt with separately. b) 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; and c) 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. Confidential Report 18.1 Confidential Report When a Closed Meeting of Council has been held, the report of the Closed Meeting shall be forwarded to the first Regular Council meeting following the Closed Meeting and shall be listed under the Confidential Section of the agenda, to be adopted and confirmed in a single motion. Items within the Confidential report cannot be pulled for discussion or debate. By-law ****/12 Page 22 -2-5 Other Business 19.1 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance/interest. 19.2 Notice of Motion A Member who wishes to give notice of a motion to be brought forward for future Council consideration shall do so in writing under "Other Business". 19.3 Substantive Information Reports All Members' requests for substantive information to staff, shall be made by motion in writing and shall require the approval of a majority of Members present at a Meeting. Motions to request reports shall identify the appropriate Department and/or Director and the objective(s) of the report. Confirmatory By-law 20.1 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 21.1 Adjournment The Council may adjourn upon a motion, which is non-debatable and approved by the majority of Members present. Rules of Debate 22.1 Chair reads motion aloud To begin debate, the Chair reads the motion aloud. 22.2 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. By law ****/12 Page 23 22.3 Decorum During Debate During debate, and while the Chair is speaking, or when 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. 22.4 Recognition of Member Every Member shall raise their hand and be recognized by the Chair prior to speaking to any matter or motion. 22.5 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. 22.6 Speaking to a Motion A maximum of five minutes shall be allotted to each member wising 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 1 minute, 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 minutes, after all other Members so desiring have spoken; 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 five minute period; or 22.7 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 motion under discussion but only for the purpose of obtaining information, following which the Member shall speak. 22.8 Proceedings Decided by 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. By-law ****/12 Page 24 27 22.9 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. 22.10 Appeal of Decision of Chair 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. 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. Common Motions 23.1 Seconding A motion must be formally seconded before the Chair can put the question or for it to be. recorded in the Minutes. 23.2 Withdrawal The mover and seconder may withdraw a motion or a notice of motion at any time prior to it being read, the motion is not 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. 23.3 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 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. 23.4 Questions of Privilege and Points of Order 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. After leave is granted, the Member has not more B?-L ****/12 Page 25 than 1 minute to state his/her point to the Chair and await the decision of the Chair. Once the Chair has made a decision the business of Council shall resume at the point where it was suspended. 23.5 Motion to Table A Member shall not be allowed to speak to a motion and immediately move a tabling motion. 23.6 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. 23.7 Referral Motions a) 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 motion pertaining to the original motion. b) A member who moves a motion to refer shall also include in the motion: (i) The name of the committee, body or official to-whom the motion 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. 23.8 Deferral Motions A motion to defer must include time, place, and the purpose of the deferral, if applicable and 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. 23.9 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; and iv) shall not be received if it proposes a direct negative to the original motion. b) a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original motion; By-law ****/12 Page 26 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; 23.10 Adjournment A motion to adjourn shall always be in order except as provided in this section and shall be put immediately without debate; a) when resolved in the negative, cannot be made again until after some intermediate proceedings shall have been completed by Council; b) is not in order when a Member is speaking or during the verification of a vote; c) cannot be amended; and d), is not in order immediately following the affirmative resolution for the previous question. 23.11 Reconsideration 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. 23.12 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. 23.13 Negative 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. 23.14 Motions Impacting or Changing City Budgets Any motion, the approval of which would result in a budgeting impact or change, are to be referred to City staff or to the appropriate Standing Committee for a report regarding the impact or change before being debated at Council. i 30 By-law ****/12 Page 27 23.15 Question Stated 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. 23.16 No Interruption After Question After the Chair has called the vote 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. Voting 24.1 Requirement to Vote All members present and seated must vote, if a Member is present and does 'not vote it is deemed to be a no vote. 24.2 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. 24.3 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 24.4 Determination of Votes The manner of determining the decision of Council on a motion shall be by the prominent show of hands. 24.5 No Secret Voting No vote may be taken by ballot or any other method of secret voting. 24.6 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. By-law ****/12 Page 28 31 24.7 Disagreement 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. 24.8 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 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. 24.9 Vote of Head of Council or Presiding 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. 24.10 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; 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. 24.11 Divided Motion - 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. r ****/l By law 2 Page 29 Contingencies 25.1 Contingencies 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 Roberts Rules of Order. Suspension of Rules 26.1 Suspension of Rules Any procedure required by this by-law may be suspended with consent of not less than two-thirds of the Members present. Two-Thirds Vote 27.1 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 Commencement and Administration 28.1 This by-law shall be administered by the Clerk. 28.2 By-law 6746/07 is hereby repealed. 28.3 The short title of this by-law is the "Procedural By-law". By-law passed this day of XX, 2012. David Ryan, Mayor Debbie Shields, City Clerk