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HomeMy WebLinkAboutCS 08-06 - Report Number: CS 08-06 Referred back to Staff for Further Review January 24, 2006 - ,_. Citq ()~ REPORT TO EXECUTIVE COMMITTEE 047 - Report Number: CS 08 -06 Date: January 24, 2006 From: Debi A. Bentley City Clerk Subject: Public Meeting Notice of the Passing of a By-law for Council Rules of Procedure Recommendation: 1 . That Report CS 08-06 of the City Clerk be received; 2. That a public meeting be held for the purpose of soliciting comments with respect to a revised Council Rules of Procedure by-law; and 3. That upon review of the comments, the City Clerk present the by-law at the February 20, 2006 meeting of City Council. - Executive Summary: As part of the review of regulatory by-laws and Council Secretariat process improvements, revisions are being recommended to the Council Rules of Procedure by- law. In accordance with the passage of the new Municipal Act, the City was required to pass a new procedure by-law in accordance with Section 238(2) of the Act. Our by-law currently reflects the 1980 Municipal Act, and it is prudent for us to update it accordingly. Financial Implications: There are no financial implications associated with this by-law. Background: The Council Rules of Procedure by-law has been updated a number of times, the last revision on May 17, 2004. At the present time, By-law 3665/91 has six amendments, and it is prudent to complete some general housekeeping matters within the by-Jaw to incorporate current practices and consolidate the amendments that have been occurred since 1995, along with implement the provisions regulating the governing of the calling, place and proceedings of meetings as outlined in the Municipal Act. 04 {eport CS 08-06 Subject: Rules of Procedure By-law Date: January 24, 2006 - Page 2 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 on January 11, 2006 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. Highlights of the proposed changes are noted below, and a copy of the proposed by- law with the changes shaded for ease of reference is included as Attachment NO.2 to this report. Highlight of the changes to By-law 3665/91 as currently proposed: - · Preamble to reflect the current Municipal Act provisions and title to reflect the current wording within the Municipal Act; · Implementation of a 'Interpretation' section; · Outline the order of business for the inaugural meeting of Council; · Address the matter of video taping of Council, Committee and or Special Ad Hoc Meetings; · Outline the process of appointments to Committees; · Address the matter of open and closed meetings In accordance with the Municipal Act; · Address the matter of the absence of the head of council in accordance with the Municipal Act; · Reflect current practices with respect to the Order of Business; and · Reflect current practices with respect to the handling of council correspondence. Attachments: 1. Notice of Public Meeting 2. Draft Rules of Procedure By-law Prepared By: Approved I Endorsed By: Debi A. Bentley City Clerk - Debi A. Bentley City Clerk CORP0227-07/01 - Report CS 08-06 Subject: Rules of Procedure By-law Date: January 24, 2006 Page 3 {J49 Copy: Chief Administrative Officer - CORP0227-07/01 d 6 ij;:i 'keport CS 08-06 Date: January 24, 2006 - Subject: Rules of Procedure By-law Page 4 ATTACHMENT NO.1 TO CS 08-06 NOTICE OF PUBLIC MEETING Passing of a Revised Procedural By-law TAKE NOTICE that the Executive Committee of Council of the Corporation of the City of Pickering will hold a public meeting on Tuesday, January 24, 2006 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 20,2006 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 20, 2006 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. 2153. Dated at the City of Pickering this 11 th day of January, 2006. Debi A. Bentley, CMO, CMM III City Clerk .- CORP0227 -07/01 Report CS 08-06 Date: January 24, 2006 @5J - Subject: Rules of Procedure By-law Page 5 ATTACHMENT NO.2 TO CS 08-06 DRAFT THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER **/06 Being a by-law to govern the calling, place and proceedings of meetings NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: - DEFINITIONS - CORP0227-07/01 (Û)5~2 Report CS 08-06 Date: January 24, 2006 - Subject: Rules of Procedure By-law Page 6 GENERAL 2. (a) The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council, Committees' and shall be the rules and regulations for the order and dispatch of business provided that the rules and regulations contained herein may be suspended by a two-thirds majority vote of the members present unless otherwise provided in any Act. (b) In any case for which provIsion is not made herein, the procedure to be followed shall be determined by a majority vote of the members present unless otherwise provided in any act. MEETING OF COUNCIL 3. Inauqural Meetinqs - (a) The inaugural meeting of Council shall be held on the first Monday after Council takes office pursuant to the Municipal Elections Act. 4. Reqular Meetinqs 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 Councilor unless such a day shall be a public or civic holiday in which case the Council shall meet at the same hour on the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of the Council. - 5. Special Meetinqs CORP0227-07/01 Report CS 08-06 Date: January 24, 2006 @53, - Subject: Rules of Procedure By-law Page 7 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. 6. Place of Meetinqs All regular meetings of the Council shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by Council. - APe()IN'TMB~'TS0:rO,:(JOMMI]ij;EES c) The Chair of the Committee shall be rotated each meeting amongst the Members of Council, excluding the Mayor, in alphabetical order. COMMITTEES 9. a) There shall be an Executive Committee, to be considered as a Standing Committee for the purposes of this By-law, to be organized as follows: i) The Executive Committee shall be comprised of all Members of Council. ii) The Committee shall meet on the second and fourth Monday evening of each month at 7:30 p.m. in the Council Chambers. - CORP0227-07/01 ú)!5'4 Report CS 08-06 Date: January 24, 2006 .- Subject: Rules of Procedure By-law Page 8 iii) The Executive Committee shall enquire into and report to Council on any matter within the jurisdiction of the City of Pickering or any other matter referred to it by Council. b) There shall be a Management Forum to be organized as follows: i) The Forum shall be comprised of all Members of Council. ii) The Forum shall meet every three weeks at 1 :30 p.m. to commence on a date to be determined by the Mayor. iii) The Forum shall be Chaired by the Mayor. iv) The Management Forum shall be a venue for informal discussion on any matter within the jurisdiction of the City of Pickering. 10. Notwithstanding Section 9 of this By-law, (a) Council may consider any matter without referring it to a Committee or may refer it to two or more Committees or refer it to the Committee of the Whole and may withdraw a matter from a Committee at any time. - (b) Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. 11. The rules of procedure set out in this By-law shall be observed in meetings of the Standing Committee insofar as they are applicable, provided that, (a) a recorded vote shall not be taken on a question before a Committee; (b) subject to Paragraph 11 (c), the rules in respect to the introduction of new business in Council and the hearing of delegations shall apply to Committees unless otherwise decided by the Committee; (c) persons that are present at a Standing Committee meeting to speak to an item on the agenda are not required to register as a delegation. (d) the agendas, minutes and Committee and Members of Council. to any Standing be sent to all (e) a report, setting out the recommendations of the Committee, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. CORP0227 -07/01 Report CS 08-06 Date: January 24, 2006 @55 Page 9 - Subject: Rules of Procedure By-law (f) Special Meetings of the Standing Committees, (i) May be called by the Mayor on condition that the Committee does not meet while Council is meeting. (ii) May be called by the Mayor when requested to do so by a majority of Members of Council. (iii) Written notice of a Special Meeting of a Committee must be given to all Members of Council at least twenty-four hours before the time appointed for such meeting. (iv) The written notice to be given under clause (iii) shall indicate the nature of the business to be considered at the Special Meeting and the date, time and place of the Meeting. (v) No business other than that indicated in the written notice shall be considered at the Special Meeting except with the unanimous consent of all Members of Council present and voting at such meeting. - OPEN 'ANDi,CLOSED~MESINGS - CORP0227-07/01 ~'5'6~Report CS 08-06 - Subject: Rules of Procedure By-law Date: January 24, 2006 Page 10 - 13. Adjourned Meetinqs The Council may adjourn upon a motion duly moved and seconded in the manner hereinafter provided. 14. Meetinq Called To Order: The Mayor, as soon after the hour is fixed for the holding of the meeting of the Council and if a quorum is present, shall take the Chair and call the meeting to order. 15. Absence of Mavor (Head): b) If the Mayor does not attend within fifteen minutes after hour is fixed for he 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. - c) 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 cORP0227-07/01 Report CS 08-06 Date: January 24, 2006 Page 11 fOì 5: 7 - Subject: Rules of Procedure By-law and stead of the Mayor and Acting Mayor, and such Member shall have the same authority as the Mayor. 16. 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. 17. Order of Business The routine order of business for the regular meetings of Council shall be as follows: - Meeting Called To Order Invocation Minutes of Previous Meetings Presentations Delegations C()rrespond~nce Committee Motions & Notices of Motion By-laws Other Business Confirmation By-law Adjournment 18. 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. - cORP0227-07/01 (ij~5.gReport CS 08-06 Date: January 24, 2006 Page 12 - Subject: Rules of Procedure By-law 19. Duties of the Mavor: It shall be the duty of the Mayor to, a) b) expel or exclude from any meeting any person who has been guilty of improper conduct at the meeting, c) announce the business before the Council in the order of which it is to be acted upon, d) 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, e) decline to put to vote motions which infringe the rules of procedures, f) restrain the members, when engaged in debate, within the rules of order, - g) to open the meeting of Council by taking the Chair and calling the Members to order, h) to enforce on all occasions, the' observance of order and decorum among the Members, i) 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, j) k) I) m) n) - cORP0227-07/01 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 by a resolution of Council, to represent and support Council, declaring its will and implicitly obeying its decisions, to adjourn the meeting when the business is concluded, and Report CS 08-06 Date: January 24, 2006 Page 13 Q59 - Subject: Rules of Procedure By-law 0) 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. p) to make presentations to any charity, organization, government, or person, on behalf of Council, at a proceeding of Councilor its committees. Where a presentation is made to an organization or charity on which a Member of Council has been appointed to sit, the presentation shall be jointly made with the Mayor and the appointed Member of Council. Where otherwise appropriate, presentations may be made jointly with another member or members of Council. q) to accept presentations to the City of Pickering, carried out at a proceeding of Council or its committees. Where a presentation is accepted from an organization or charity on which a Member of Council has been appointed to sit, the presentation shall be jointly accepted with the appointed Member of Council. Where otherwise appropriate, presentations may be accepted jointly with another member or members of Council. - r) to recite the Invocation. RULES OF DEBATE IN COUNCIL AND COMMITTEES OF COUNCIL 20. Decorum Durinq 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. 21. Recoqnition of Member Every Member shall raise their hand and be recognized by the Chairman prior to speaking to any matter or motion. 22. 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. 0_ cORP0227-07/01 GJ6C~eport CS 08-06 Date: January 24, 2006 .- Subject: Rules of Procedure By-law Page 14 23. 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. 24. Decorum While Callinq 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. 25. 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. 26. 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. 27. Speakinq to a Motion a) No Member shall speak more than once to the same motion except, i) with leave of the Chairman, in explanation of a material part of their speech v 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 pres motion, in which case the Member shall speak for no longer than a five minute b) Except with the leave of the Chairman, no Member shall speak longer than ten minutes to the motion before Council. cORP0227-07/01 - Subject: Rules of Procedure By-law Date: January 24, 2006 Page 15 t{) 61 Report CS 08-06 28. Questioninq the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chairman. b) Notwithstanding paragraph (a) above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chairman on the motion under discussion but only for the purpose of obtaining information, following which the Member shall speak. 29. Proceedinqs 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. POINTS OF ORDER AND PRIVILEGES - 30. Questions of Order The Chairman shall preserve order and decide questions of order. 31. Rules For Risinq on Points of Order and Privileqe a) When a Member rises on a point of order, the Member shall ask leave of the 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. c) 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. .-. cORP0227 -07/01 (¡}6~port CS 08-06 Subject: Rules of Procedure By-law Date: January 24, 2006 Page 16 ,,,,..... 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 OF COUNCIL 32. Respectful Lanquaqe No Member shall speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant- Governor of any Province, of any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario. 33. Unparliamentary Lanquaqe No Member shall use offensive works or unparliamentary language in or against Councilor against any Member. -- 34. Speakinq in Council No member shall speak on any subject other than the motion being debated. 35. Criticism of Council Decisions No Member shall criticize any decision of Council except for the purpose of moving a motion to be reconsidered. DELEGA TIONS 36. 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. cORP0227 -07/01 Report CS 08-06 Date: January 24, 2006 -. Subject: Rules of Procedure By-law Page 17 0'63. b) With respect to Meetings of Committees, persons desiring to verbally present information on matters of fact, (or to make a request of Council), on an item not included on the agenda may be heard on leave of the Committee but shall be limited in speaking to not more than ten minutes and shall notify the Clerk no later than 4:30 pm on the day of appearing before Committee and state the nature of the issues they wish to address. PRESENTATIONS 37. 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. CORRESPONDENCE ,- 38. (a) Every written petition or communication addressed to Council shall be signed by at least one person and delivered to the Clerk not later than Thursday noon before the commencement of the regular meeting of Council, and, if in the opinion of the Clerk it contains any obsence or improper matter or language, the Clerk shall decide whether it should be included in the agenda for the meeting. (b) The Clerk shall present each Member with a copy of the substance of the petition or communication, but a Member may require the reading of part or all of the communication or petition; c) The Clerk shall forward copies of correspondence for the Council to the Standing and Special Committees concerned with the subject matter of such correspondence, for the attention/action of the respective Committees, upon receipt of such correspondence. MOTIONS AND NOTICES OF MOTION: 39. Introduction of Motion Without Notice - a) A motion may be introduced without notice and read by the Chairman and pon 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. cORP0227-07/01 Report CS 08-06 @6A _ . Subject: Rules of Procedure By-law Date: January 24, 2006 Page 18 b) Notices of all new motions shall be read by the mover of the motion at the regular Council Meeting immediately preceding the Council Meeting at which the motion is to be considered. The motion, showing the mover and seconder of the motion, shall also be given in writing and delivered to the Clerk before 4:30 p.m. of the Tuesday preceding the meeting of Council at which it is to be considered and shall be printed in full in the agenda and delivered to all Members for that meeting of Council and each succeeding meeting until it is considered or otherwise disposed of. c) Where the time between Council Meetings is greater than two weeks, a notice of motion, showing the mover and seconder of the motion, may be given in writing and delivered to the Clerk at least two weeks preceding the meeting of Council at which it is to be considered and shall be printed in full in the agenda and delivered to all Members for that meeting of Council and each succeeding meeting until it is considered or otherwise disposed of. d) Where, due to the emergency nature of the motion, a Member is unable to give notice of a new motion at a regular Council Meeting preceding the Council Meeting at which it is to be considered, the motion, showing the mover and seconder of the motion, shall be given in writing and delivered to the Clerk before noon of the Friday preceding the meeting of Council and shall be delivered to all Members for that meeting of Council and each succeeding meeting until it is considered or otherwise disposed of. .- e) 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. f) 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. 40. Secondinq A motion must be formally seconded before the Chairman can put the question or for it to be recorded in the minutes. cORP0227-07/01 Report CS 08-06 Date: January 24, 2006 Page 19 1,1I~ -- WV);) - Subject: Rules of Procedure By-law 41. 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 amendment. 42. Priority of Disposition A motion properly before Council for decision must be disposed of before any other motion or matter can be introduced with the exception of anyone of the following: - a) b) c) d) e) f) g) h) i) j) 43. Deferral Motions a point of order or personal privilege to table to divide that the question be now put to refer to defer to amend to suspend any section of the Rules of Procedure to recess to adjourn 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. 44. 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, CORP0227 -07/01 ij'&8,Report CS 08-06 Subject: Rules of Procedure By-law Date: January 24, 2006 Page 20 - f) shall not be received if it proposes a direct negative to the original motion. 45. 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 not put" or "To call the question". e) a motion to put the previous question requires a two-thirds vote of the Members present. .- 46. Adjournment A motion to adjourn, a) shall always be in order except as provided in this section and shall be put immediately without debate, b) when resolved in the negative, cannot be made again until after some intermediate proceedings shall have been completed by Council, c) is not in order when a Member is speaking nor during the verification of a vote, d) cannot be amended, e) is not in order immediately following the affirmative resolution for the previous question. CORP0227-07/01 c.-... Subject: Rules of Procedure By-law Date: January 24, 2006 Page 21 (1{5;7 Report CS 08-06 47. Privileqes A motion on a matter of privileges shall received disposition of Council upon receipt and, when settled, the question so interrupted shall be resumed at the point where is was suspended. 48. 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) After such notice has been given and accepted, no action shall be taken to carry into effect the original motion until after the motion to reconsider has been disposed of at the next regular meeting or a special meeting called consider the accepted notice. d) Every motion for reconsideration considered at a subsequent meeting shall be declared lost, unless passed with the majority of the Members of Council present and voting. e) No discussion of the original motion shall be allowed upon presentation of a notice for reconsideration or upon an accepted notice for reconsideration or upon the motion to reconsider until the Council has voted to reconsider the same, but the Member giving such notice may have the privilege of stating the reasons for doing so. f) No motion upon which a notice for reconsideration has been accepted shall be considered more than once, nor shall a vote to reconsider be reconsidered. g) The words "the first meeting held thereafter" in paragraphs (a) and (b) hereof shall mean the first regular meeting of Councilor a special meeting called to consider an accepted motion for reconsideration. .- cORP0227-07/01 - Subject: Rules of Procedure By-law Date: January 24, 2006 Page 22 GrG:g Report CS 08-06 49. Referral Motions A motion to refer or to refer back a motion or matter to a Committee or a member of staff with instructions may be amended but shall be disposed of by Council before the original motion or any other motion pertaining to the original motion. 50. 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. 51 . 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. 52. Motion to Table - A Member shall not be allowed to speak to a motion and immediately move a tabling motion. 53. Neqative Motion A motion to rescind a defeated motion of Council is not required, and the subject matter may not be reintroduced or debated in any form without leave of Council upon a majority vote of the Members present and voting. VOTING ON MOTIONS 54. Question State 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. 55. 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. cORP0227-07/01 Report CS 08-06 Date: January 24, 2006 (J'~q. Subject: Rules of Procedure By-law Page 23 56. 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. 57. Unrecorded Vote The manner of determining the decision of Council on a motion shall be by the prominent show of lands. 58. Disaqreement With Result of Vote If a Member disagrees with the announcement of the Mayor that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chairman, object to the declaration and a recorded vote shall be taken. 59. 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. 60. Vote of Head of Councilor Presidinq Officer The Head of the Council, or the Presiding Officer, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions, and, except where otherwise expressly provided by the Municipal Act, any question on which there is an equality of votes shall be deemed to be negative. 61. 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 cORP0227-07/01 (!'t'7. ('Report CS 08-06 - Subject: Rules of Procedure By-law Date: January 24, 2006 Page 24 62. By-law 3665/91, as amended, is hereby repealed. By-law read a first, second and third time and finally passed this 20th day of February, 2006. Mayor Clerk - cORP0227-07/01