Loading...
HomeMy WebLinkAboutBy-law 3665/91TOWN OF PICKERING PROCEDURAL BY-LAW 3665/91 ALPHABETICAL INDEX TO PROCEDURAL BY-LAW Section Absence of Mayor .......................................... l0 Adjourned Meetings ......................................... 8 Adjournment ............................................... 40 Amendments to Motions ..................................... 38 Chairman of Committees ..................................... 6 Committee of the Whole .................................... 13 Committees ................................................. 5 Conduct of Members in Council ............................. 27 Contingencies {Robert's Rules) ............................ 56 Criticism of Council Decisions ............................ 30 Decorum During Debate ..................................... 15 Decorum While Calling Vote ................................ 19 Deferral Motions .......................................... 37 Delegations ............................................... 31 Disagreement with Result of Vote .......................... 52 Divide Motion ............................................. 44 Duties of the Mayor ...................................... 14 Executive Committee ....................................... 5 Head of Council or Presiding Officer {Vote) .............. 54 Inaugural Meetings ........................................ 1 Interruption Ino) After Question ......................... 49 Interruptions ........................................... 20 Introduction of Motion without Notice .................... 32 Meeting Called to Order ................................... 9 Meetings of Council ....................................... 1 Motion (Question) Stated ................................. 48 Motions .................................................. 32 Negative Motion .......................................... 47 Not Allowed (Vote) ....................................... 50 Notices of Motion ......................................... 33 Order of Business ......................................... 12 Order of Speakers ......................................... 17 Place of Meetings .......................................... 4 Planning Committee ......................................... 5 Points of Order and Privileges ............................ 25 Previous Question ......................................... 39 Priority of Disposition ................................... 36 Privileges ................................................ 41 Proceedings Decided by Chairman ........................... 24 Question Stated ........................................... 48 Questioning the Motion .................................... 23 Questions of Order ........................................ 35 Quorum .................................................... ll Recognition of Member ..................................... 16 Reconsideration ........................................... 42 Recorded Vote ............................................. 53 Referral Motions ......................................... 43 Refusal to Vote .......................................... 18 Regular Meetings .......................................... 2 Req~irement to Read Motion ............................... 21 Requirement to Vote ...................................... 18 Rescind Motion ........................................... 45 Respectful Language ...................................... 27 Robert's Rules ........................................... 55 Rules for Rising on Points of Order and Privilege ......... 26 Rules of Debate in Council and Committee .................. 15 Rules of Procedure ......................................... 7 Seconding of Motions .................... Speaking in Council ..................... Speaking to a Motion .................... Special Meetings ........................ Suspension of Rules ..................... Table Motion ............................ Two-Thirds Vote ......................... Unparliamentary Language ................ Unrecorded Vote ......................... Vote Not Allowed ........................ Vote of Head of Council ................. Voting on Motions ....................... ................. 29 ................. 22 ................. 46 ................. 55 ................. 28 Withdrawal of Motions ..................................... 35 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3665/91 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 pursuant to section 104 of the Municipal Act, R.S.O. 1980, chapter 302, as amended, every council may pass such by-laws for governing the proceedings of the council, the conduct of its members and the calling of meetings; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: e MEETINGS OF COUNCIL Inaugural Meetings The inaugural meeting of Council shall be held on the first Monday after Council takes office pursuant to the Municipal Elections Act. Regular Meetings All regular meetings of the Council shall be held on the first and third Monday of each month at the hour of 7:30 p.m. o'clock in the afternoon 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. Special Meetings Special meetings of the Council may be held at the call of the Mayor who shall direct the Clerk to notify the Members of Council of the date, time and purpose of the special meeting. The Mayor may at any time summon a special meeting of Council on twenty-four hours notice to the Members. 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. Place of Meetings All regular meetings of the Council shall be held in the Council Chambers at the Town of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by Council. COMMITTEES There shall be two standing committees of the whole Council namely, Executive Committee a) the Executive Committee which shall meet on the second and fourth Monday of every month, unless such a day shall be a public or civic holiday in which case the Committee shall meet at the same hour on the next following day, unless otherwise decided by Council. All meetings of the Executive Committee shall commence at 7:30 p.m. o'clock in the afternoon in the Council Chambers at the Civic Complex unless otherwise decided by Council. It shall be the duty of the Executive Committee to enquire into and report to Council on all matters of interest to the Corporation of the Town of Pickering. .... Continued Page 2 e Planning Committee b) the Planning Committee shall meet on the third Thursday of every month unless otherwise decided by Council. All meetings of the Planning Committee shall commence at 7:30 p.m. in the Council Chambers at the Civic Complex unless otherwise decided by Council. It shall be the duty of the Planning Committee to enquire into and report to Council on any matter pertaining to land use planning. Chairman of Committees The Chairman of the Executive Committee and Planning Committee shall be rotated each meeting amongst the Member of Council, excluding the Mayor, in alphabetical order. e RULES OF PROCEDURE The rules and regulations contained in this By-law shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business of the Council and in the Committees thereof. 10. ll. MEETINGS CALLED TO ORDER Adjourned Meetings The Council may adjourn upon a motion duly moved and seconded in the manner hereinafter provided. Meeting 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. Absence of Mayor a) 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 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 of the Mayor and Acting Mayor, and such Member shall have the same authority as the Mayor. Quorum If a quorum is not present one-half hour after the time appointed for a meeting of the Council, the Clerk shall record the names of the Members present and the meeting shall stand adjourned until the next meeting. .... Continued Page 3 12. 13. 14. Order of Business The routine order of business for the regular meetings of Council shall be as follows: Meeting Called To Order Minutes of Previous Meetings Presentations Delegations Committee Reports Motions By-laws Notices of Motion Other Business Confirmation By-law Adjournment Committee of the Whole When it appears that any matter may be more conveniently considered in Committee of the Whole, Council may on motion resolve into a Committee of the Whole, and the proceedings taken in Committee when adopted by Council shall be deemed to be the proceedings of Council. The Mayor may preside in the Committee of the Whole or may request the Acting Mayor to preside. Duties of the Mayor 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, 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, 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, to authenticate by signature, when necessary, all by-laws, resolutions and minutes of Council, to inform the Members of Council on any point of order, to perform other duties when directed to do so resolution of Council, ~y a to represent and support Council, declaring its will and implicitly obeying its decisions, .... Continued Page 4 m) to adjourn the meeting when the business is concluded, and 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. 16. 17. 18. 19. 20. 21. 22. RULES OF DEBATE IN COUNCIL AND COMMITTEES OF COUNCIL Decorum During Debate During debate, and while the Chairman 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. Recognition of Member Every Member shall raise their hand and be recognized by the Chairman prior to speaking to any matter or motion. Order of Speakers When two or more Members raise their hands to speak, the Chairman shall designate the Member who has the floor who shall be the Member who, in the opinion of the Chairman, raised their hand first. 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. Decorum While Calling Vote When the Chairman 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 Chairman, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 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. 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. Speaking to a Motion a) No Member shall speak more than once to the same motion except, with leave of the Chairman, in explanation of a material part of their speech which may have been interpreted incorrectly, ii) with leave of the Chairman, after all other Members so desiring have spoken, iii) a reply may be allowed by leave of the Chairman to the Member who presented the motion, in which case the Member shall speak for no longer than a five minute period. .... Continued Page 5 23. 24. b) Except with the leave of the Chairman, no Member shall speak longer than ten minutes to the motion before Council. 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 Chairman. b) Notwithstanding paragraph Ia) above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chairman on the motion under discussion but only for the purpose of obtaining information, following which the Member shall speak. Proceedings Decided by Chairman In all other proceedings of Council, the matter shall be decided by the Chairman, subject to an appeal to Council on a point of order. 25. 26. POINTS OF ORDER AND PRIVILEGES Questions of Order The Chairman shall preserve order and decide questions of order. Rules For Rising on Points of Order and Privilege a) When a Member rises on a point of order, the Member shall ask leave of the Chairman to raise a point of order and after leave is granted, the Member shall state the point of order to the Chairman and await the decision of the Chairman on the point of order. b) Thereafter, a Member shall only address the Chair for the purpose of appealing the Chairman's decision to Council. If the Member does not appeal, the decision of the Chairman shall be final. 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. When a Member has a question of privilege or considers that their integrity or the integrity of the Council as a whole has been impunged, the Member may as a matter of privilege, and with the leave of the Chairman, rise for the purpose of drawing the attention of Council to the matter. 27. 28. CONDUCT OF MEMBERS IN COUNCIL Respectful Language 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. Unparliamentary Language No Member shall use offensive works or unparliamentary language in or against Council or against any Member. .... Continued Page 6 29. 30. Speaking in Council No Member shall speak on any other subject other than being debated. Criticism of Council Decisions No Member shall criticize any decision of Council purpose of moving a motion to be reconsidered. the motion except for the 31. a) b) DELEGATIONS With respect to Meetings of Council, persons desiring to verbally present information on matters before Council may be heard on leave of Council but shall be limited in speaking not more than ten minutes and shall notify the Clerk no later than noon of the preceding Friday of appearing before Council and state the nature of the issues they wish to address. With respect to Meetings of Committees, persons desiring to verbally present information on matters of fact or make a request may be heard on leave of the Committee but shall be limited in speaking not more than ten minutes and shall notify the Clerk no later than 5:00 p.m. of the day of appearing before Council and state the nature of the issues they wish to address. 32. 33. 34. MOTIONS Introduction of Motion Without Notice A motion may be introduced without notice and read by the Chairman and upon leave of Council resolved by a two-thirds 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. Notices of Motion a) Notices of all new motions shall be given in writing and delivered to the Clerk before noon of the Friday preceding the meeting of Council and shall be printed in full in the agenda or delivered to all Members for that meeting of Council and each succeeding meeting until it is considered or otherwise disposed of. The motion shall be signed by the mover and seconder and shall be deemed to be complete and correct as presented. b) Any Member of Council may agree to second a notice of motion if the seconder is absent from a meeting when the notice of motion is called from the Chair. c) If the mover of the notice of motion is absent from the meeting at which it is to be considered, the notice of motion shall be referred to the next regular meeting of Council. Seconding A motion must be formally seconded before the Chairman can put the question or for it to be recorded in the minutes. Withdrawal After a motion is read or stated by the Chairman, it shall be deemed to be in possession of Council, but may, with the permission of Council, be withdrawn at any tin~ before decision or amendment. .... Continued Page 7 36. 37. 38. 39. 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 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 Chairman and debate shall be confined to the propriety of the deferral. Amendments A motion to amend, a) shall be presented in writing if requested by the Chairman, 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. The Previous Question A motion for the previous question, a) cannot be amended, 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 "To call the question.", e) A motion to put the previous question requires a two-thirds vote of the Members present. .... Continued Page 8 40. 41. 42. Adjournment A motion to adjourn, a) shall always be in order except as provided in this section and shall be put immediately without debate, when resolved in the negative, cannot be made again until after some intermediate proceedings shall have been completed by Council, cl 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. Privileges A motion on a matter of privileges shall receive disposition of Council upon receipt and, when settled, the question so interrupted shall be resumed at the point where it was suspended. Reconsideration al 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 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 to 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 Council or a special meeting called to consider an accepted motion for reconsideration. .... Continued Page 9 43. 44. 45. 46. 47. Referral Motions A motion Committee but shall any other to refer or to refer back a motion or matter to a or a member of staff with instructions may be amended be disposed of by Council before the original motion or motion pertaining to the original motion. 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. 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. Motion to Table A Member shall not be allowed to speak to a motion and immediately move a tabling motion. N.egative 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. 48. 49. 50. 51. 52. VOTING ON MOTIONS Question Stated Immediately preceding a vote, the Chairman 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. No Interruption After Question After the Chairman 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. 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. Unrecorded Vote The manner of determining the decision of Council on a motion shall be by the prominent show of hands. 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 Chairman, object to the declaration and a recorded vote shall be taken. .... Continued Page l0 53. 54. 55. 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 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. 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, 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. 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 56. Contingencies 57. 58. GENERAL In all contingencies not provided for in this by-law, the question shall be decided by the Chairman and in making such a ruling, the decision shall be based on Roberts Rules of Order. 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. By-laws 3714 and 4221 are hereby repealed. By-law passed a first, second and third time and finally passed this 18th day of February, 1990. TOWN OF PICKERING PROCEDURAL BY-LAW 3665/91 ALPHABETICAL INDEX TO PROCEDURAL BY-LAW Section Absence of Mayor .......................................... l0 Adjourned Meetings ......................................... 8 Adjournment ............................................... 40 Amendments to Motions ..................................... 38 Chairman of Committees ..................................... 6 Committee of the Whole .................................... Committees ................................................. 5 Conduct of Members in Council ............................. 27 Contingencies IRobert's Rules) ............................ 56 Criticism of Council Decisions ............................ 30 Decorum During Debate ..................................... lB Decorum While Calling Vote ................................ lg Deferral Motions .......................................... 37 Delegations ............................................... 31 Disagreement with Result of Vote .......................... Divide Motion ............................................. 44 Duties of the Mayor ....................................... Executive Commtttee ........................................ 6 Head of Council or Presiding Officer IVote) ............... 54 Inaugural Meetings ......................................... Interruption Ino) After Question .......................... 49 Interruptions ............................................. Introduction of Motion without Notice ..................... Meeting Called to Order .................................... R Meetings of Council ........................................ 1 Motion IQuestton) Stated .................................. 48 Motions ................................................... 32 Negative Motion ........................................... 47 Not Allowed (Vote) ........................................ 50 Notices of Motion ......................................... 33 Order of Business ...................... Order of Speakers ......................................... 17 Place of Meetings .......................................... 4 Planning Committee ......................................... 5 Points of Order and Privileges ............................ 25 Previous Ouestton ......................................... 39 Priority of Disposition ................................... 36 Privileges ................................................ 41 Proceedings Decided by Chairman ........................... 24 Ouestion Stated ........................................... 48 Questioning the Motion .................................... 23 Questions of Order ........................................ 36 Quorum .................................................... ll Recognition of Member ..................................... 16 Reconsideration ........................................... 42 Recorded Vote ............................................. 53 Referral Motions .......................................... 43 Refusal to Vote ........................................... 18 Regular Meetings ........................................... Requirement to Read Motion ................................ 21 Requirement to Vote ....................................... 18 Rescind Mot(on ............................................ 45 Respectful Language ....................................... Robert's Rules ............................................ 55 Rules for Rising on Points of Order and Privilege ......... 26 Rules of Debate in Council and Committee .................. 15 Rules of Rrocedure ......................................... Seconding of Motions ...................................... 34 Speaking in Council ....................................... 29 Speaking to a Motion ...................................... 22 Special Meetings ........................................... 3 Suspension of Rules ....................................... 56 Table Motion .............................................. 46 Two-Thirds Vote ........................................... 55 Unparliamentary Langoage .................................. Unrecorded Vote ........................................... 51 Vote Not Allowed .......................................... SO Vote of Head of Council ................................... 54 Voting on Motions ......................................... 50 Withdrawal of Motions ..................................... 35 THE CORPORATION OF THE TOWN OF P[CKERING BY-LAW NUMBER 3665/91 Being a by-law to govern the proceedings of Council, any of its committees, the conduct of i ts Members, and the calling of meetings. Whereas pursuant to section 104 of the Municipal Act, R.S,O. 1980, chapter 302, as amended, every council may pass such by-laws for governing the proceedings of the council, the conduct of its members and the calling of meetings: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Inaugural Meetings MEETINGS OF COUNCIL The inaugural meeting of Council shall be held on the first Monday after Council takes office pursuant to the Municipal Elections Act. 2. Regular Meetings All regular meetings of the Council shall be held on the first and third Monday of each month at the hour of 7:30 p.m. o'clock in the afternoon 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. Special Meetings Special meetings of the Council may be held at the call of the Mayor who shall direct the Clerk to notify the Members of Council of the date, time and purpose of the special meeting. The Mayor may at any time summon a special meeting of Council on twenty-four hours notice to the Members. 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. Place of Meetings All reqular meetings of the Council shall be held in the Council Chambers at the Town of Pickertng Civic Complex, One The Esplanade, Picketing, Ontario, unless otherwise decided by Council. COMMITTEES There shall be two standing committees of the whole Council namely, Executive Committee a) the Executive Committee which shall meet on the second and fourth Monday of every month, unless such a day shall be a public or civic holiday in which case the Committee shall meet at the same hour on the next following day, unless otherwise decided by Council. All meetings of the Executive Committee shall commence at 7:30 p.m. o'clock in the afternoon in the Council Chambers at the Civic Complex unless otherwise decided by Council. It shall be the duty of the Executive Con~tttee to enquir~ into and report to Council on all matters of interest to the Corporation of the Town of Picketing. .... Continued Page 2 Planning Committee b) the Planning Committee shall meet on the third Thursday of every month unless otherwise decided by Council. All meetings of the Planning Committee shall commence at 7:30 p.m. in the Council Chambers at the Civic Complex unless otherwise decided by Council. It shall be the duty of the Planning Committee to enquire into and report to Council on any matter pertaining to land use planning. 6. Chairman of Committees The Chairman of the Executive Committee and Planning Committee shall be rotated each meeting amongst the Member of Council, excluding the Mayor, in alphabetical order. RULES OF PROCEDURE The rules and regulations contained in this By-law shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business of the Council and in the Committees thereof. 10. ll. MEETINGS CALLED TO ORDER Adjourned Meetings The Council may adjourn upon a motion duly moved and seconded in the manner hereinafter provided. Meeting 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. Absence of Mayor a) 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 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 re6use 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. Quorum If a quorum is not present one-half hour after the time appointed for a meeting of the Council, the Clerk shall record the names of the Members present and the meeting shall stand adjourned until the next meeting. .... Continued Page 3 Order of Business The routine order of business for the regular meetings of Council shall be as follows: Meeting Called To Order Minutes of Previous Meetings Presentations Delegations Commi ttee Reports Motions By-laws Notices of Motion Other Business Confirmation By-law Adjournment 13. Committee of the Whole When it appears that any matter may be more conveniently considered in Committee of the Whole, Council may on motion resolve into a Committee of the Whole, and the proceedings taken in Committee when adopted by Council shall be deemed to be the proceedings of Council. The Mayor may preside in the Committee of the Whole or may request the Acting Mayor to preside. 14. Duties of the Mayor It shall be the duty of the Mayor to, expel or exclude from any meeting any gerson who has been guilty of improper conduct at the meeting, b) announce the business before the Council in the order of which tt 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, 1) to represent and support Council, declaring its will and implicitly obeying its decisions, .... Continued Page 4 m) n) to adjourn the meeting when the business is concluded, and 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. RULES OF DEBATE IN COUNCIL AND COMMITTEES OF COUNCIL 15. Decorum During Debate During debate, and while the Chairman is speaking, or the Council is engaged in voting, no Member is peKmitted to disturb the Council by whispering, or walking across the ~loor, or in any other way. 16. Recognition of )iember Every Member shall raise their hand and be recognized by the Chairman prior to speaking %o any mat%er or motion. 17. Order of Speakers When two or more Members raise their hands to speak, the Chairman shall designate the Member who has the floor who shall be the Member who, in the opinion of the Chairman, 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 Calling Vote When the Chairman 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 Chairman, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 20. Interruptions 21. 22. 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. 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. Speaking to a Motion a) No Member shall speak more than once to the same motion except, i) wi th leave of the Chairman, in explanation of a material part of their speech which may have been interpreted incorrectly, ii) with leave of the Chairman, after all other Members so desiring have spoken, iii) a reply may be allowed by leave of the Chairman to the Member who presented the motion, in which case the Member shall speak for no longer than a five minute period. .... Continued Page 5 b) Except with the leave of the Chairman, no Member shall speak longer than ten minutes to the motion before Council. 23. 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 De stated concisely and asked only through the Chairman. b) Notwithstanding paragraph ia) above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chairman on the motion under discussion but only for the purpose of obtaining information, following which the Member shall speak. 24. Proceedings Decided by Chairman In all other proceedings of Council, the matter shall be decided by the Chairman, subject to an appeal to Council on a point of order. 25. 26. POINTS OF ORDER AND PRIVILEGES Questions of Order The Chairman shall preserve order and decide Questions of order. Rules For Rising on Points of Order and Privilege a) b) c) When a Member rises on a point of order, the Member shall ask leave of the Chairman to raise a point of order and afte~ leave is granted, the Member shall state the point of order tO the Chairman and await the decision of the Chairman on the point of order. Thereafter, a Member shall only address the Chair for the purpose of appealing the Chairman's decision to Council. If the Member does not appeal, the decision of the Chairman 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 impunged, the Member may as a matter of privilege, and with the leave of the Chairman, rise for the purpose of drawing the attention of Council to the matter. CONDUCT OF MEMBERS IN COUNCIL 27. Respectful Language 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 Language No Member shall use offensive works or unparliamentary language in or against Council or against any Member. .... Continued Page 6 2g. 30. Speaking in Council No Member shall speak on any other subject other than the motion being debated. Criticism of Council Decisions No Member shall criticize any decision of Council except for the purpose of moving a motion to be reconsidered. 31. 32. 33. 34. 35. DELEGATIONS a) With respect to Meetings of Council, persons desiring to verbally present information on matters before Council may be heard on leave of Council but shall be limited in speaking not more than ten minutes and shall notify the Clerk no later than noon of the preceding Friday of appearing before Council and state the nature of the issues they wish to address. b) With respect to Meetings of Committees, persons desiring to verbally present information on matters of fact or make a request may be heard on leave of the Committee but shall be limited in speaking not more than ten minutes and shall notify the Clerk no later than 5:00 p.m. of the day of appearing before Council and state the nature of the issues they wish to address. MOTIONS Introduction of Motion Without Notice A motion may be introduced without notice and read by the Chairman and upon leave of Council resolved by a two-thirds 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. Notices of Motion a) Notices of all new motions shall be given in writing and delivered to the Clerk before noon of the Friday preceding the meeting of Council and shall be printed in full in the agenda or delivered to all Members for that meeting of Council and each succeeding meeting until it is considered or otherwise disposed of. The motion shall be signed by the mover and seconder and shall be deemed to be complete and correct as presented. b) Any Member of Council may agree to second a notice of motion if the seconder is absent from a meeting when the notice of motion is called from the Chair. c) If the m~ver of the notice of motion is absent from the meeting at which it iS to be considered, the notice of motion shall be referred to the next regular meeting of Council. Secondin9 A motion must be formally seconded before the Chairman can put the question or for it to be recorded in the minutes. Withdrawal After a motion is read or stated by the Chairman, 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 .... Continued Page 7 36. Priority of Disposition A motion preperly 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) tn adjourn 37. 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 Chairman and debate shall be confined to the propriety of the deferral. 38. Amendments 39. A motion to amend, a) shall be presented in writing if requested by the Chairman, 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. The Previous Question A motion for the previous question, a) cannot be amended, 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 (s to be put forward without debate or amendment. d) can only be moved in the following words: "That the question be now put." or "To call the question.". e) A motion to put the previous Question requires a two-thirds vote of the Members present. .... Continued Page 8 40, 41. 42. Adjournment A motion to adjourn, a) shall always be in order except as provided in this section and shall be put immediately without debate, when resolved in the negative, cannot be made aqain until after some intermediate proceedings shall have been completed by Council, is not in order when a Member is speaking nor during the verification of a vote, d) cannot he amended, e) is not in order in~nediately following the affirmative resolution for the previous question. Privileges A motion on a matter of privileges shall receive disposition of Council upon receipt and, when settled, the question so interrupted shall be resumed at the point where it was suspended. 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 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) d) e) f) 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 to consider the accepted notice. Every motion for reconsideration considered at a subsequent meeting shall be declared lost, unless passed wtth the majority of the Members of Council present and voting. 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. 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 ia) and (b) hereof shall mean the first regular meeting of Council or a special meeting called to consider an accepted motion for reconsideration. .... Continued Page 9 43. 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 er any other motion pertaining to the original motion. 44. 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. 45. 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 (f notice has not been given, a motion to rescind requires a two-thirds vote of the Members present and voting. 46. Motion to Table A Member shall not be allowed to speak to a motion and immediately move a tabling motion. 47. 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. VOTING ON MOTIONS 48. Question Stated Immediately preceding a vote, the Chairman 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. 49. No Interruption After Question After the Chairman 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. 50. Vote Not Allowed A Member shall not be entitled to vote on any part of a divided mo%ton, if the Member did not vote on the motion to divide, 51. Unrecorded Vote The manner of determining the decision of Council on a motion shall be by the prominent show of hands. 52. Disagreement With Result of Vote If a Member disagrees with the announcement of the Mayor that a motion is carried er defeated, the Member may, but only immediately after the declaration by the Chairman, object to the declaration and a recorded vote shall be taken. .... Continued Page l0 53. 54. 55. 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 tbe vote be recorded, each Member present, beginning with the requester of the recorded vote and alphabetically thereafter, except a Member who is disqualified 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, 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, 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. 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 56. Contingencies GENERAL In all contingencies eot provided for in this by-law, the question sha)l be decided by the Chairman and in making such a ruling, the decision shall be based on Roberts Rules of Order. 57. Suspension of Rules 58. By-law day of Any procedure required by this by-law may be suspended with consent of not less than two-thirds of the Members present. By-laws 3714 and 4221 are hereby repealed, passed a first, second and third time and finally passed this lBth February, 1990. Mayor