2002-138 To Govern the Proceedings of Council and Committees of Council in the Township of Oro-Medonte and to Repeal By-law No. 95-44
~
I
I
,
The Corporation of the Township of Oro-Medonte
By-law Number 2002-138
Being a By-law to Govern the Proceedings of Council and Committees of
Council in the Township of Oro-Medonte and to Repeal By-law No. 95-44
WHEREAS the Township of Oro-Medonte By-law No. 95-44, being a by-law to govern
the proceedings of the Council was passed under the authority of The Municipal Act,
R.S.O. 1990, Chapter MAS, Section 55;
WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 238(2), provides that a
municipality shall pass a procedure by-law for governing the calling, place and
proceedings of meetings;
AND WHEREAS the Interpretation Act, R.5.0. 1990, c. 1.11, s. 5 allows a by-law to be
passed under power of the Act , such by-law not to come into operation until the Act
becomes effective (January 1, 2003);
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte
deems it expedient to repeal By-law No. 95-44 in accordance with The Municipal Act so
that it may reflect the current practices, procedures and statutory requirements of
Council and Committees of Council;
AND WHEREAS under the authority of Section 55, Subsection (2), and Section 102 of
The Municipal Act, R.S.O. 1990, Chapter MA5, as amended, states that every Council
and local board shall adopt a procedure by-law for governing the calling, place and
proceedings of meetings, and that every Council may pass by-laws and make such
regulations for governing the conduct of its Members as may be deemed expedient and
are not contrary to law;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1) That the proceedings of Council and its Committees, the conduct of the Members
and the calling of meetings shall be governed by the provisions and regulations
contained in Schedule 'A' attached hereto, and forming part of this by-law;
2) That "Robert's Rules of Order" shall be the basis of interpretation of questions of
procedure or order not provided for in Schedule 'A';
3)
That should any section, subsection, clause, paragraph or provision of this by-
law be declared by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of the by-law as a whole or any part thereof, other than
the provision so dedared to be invalid. Any provincial Statutes imposed contrary
to this By-law shall take precedence.
That this by-law shall be known as the "Procedural By-law"
That By-law No. 95-44 shall be repealed in its entirety.
4)
5)
6) That this by-law shall take effect on the 1st day of January, 2003.
BY-LAW READ A FIRST AND SECOND TIME THIS 18th DAY OF DECEMBER,
2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 18th DAY OF
DECEMBER, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~" }1~ C
M R, J. NEIL C~
"
~'
I
I
I
TOWNSHIP OF ORO-MEDONTE
SCHEDULE 'A' TO BY-LAW NO. 2002-138
INDEX
1.0 DEFINITIONS
2.0 CALLING, PLACE AND TIME OF MEETINGS
2.1 Inaugural Meeting of Council
2.2 Council Meetings - Regular
2.3 Council Meetings - Special
2.4 Committee of the Whole Meetings
2.5 Time Meetings to Commence
2.6 Time Meetings to Adjourn
3.0 QUORUM
3.1 Quorum - Council/Committee of the Whole
3.2 Quorum - Standing and Ad Hoc Committees of Council
3.3 Attendance
4.0 OPEN AND CLOSED MEETINGS - GENERAL
4.1 Open Meetings
4.2 Closed Meetings (In-Camera)
5.0 RECORDING DEVICES
6.0 HEAD OF COUNCIL
6.1 Chairperson - Council
6.2 Duties of Head of Council
6.3 Vacate the Chair - Head of Council
6.4 Absence from Council Meeting
7.0 CHAIRPERSON OF COMMITTEE OF THE WHOLE
7.1 Duties of Chairperson of Committee of the Whole
7.2 Vacate the Chair - Chairperson of Committee of the Whole
7.3 Absence from Committee of the Whole Meeting
8.0 CHAIRPERSON - STANDING/ AD HOC COMMITTEES OF COUNCIL
8.1 Absence from Standing/ Ad Hoc Committee Meeting
9.0 ORDER AND DECORUM
10.0 RULES OF DEBATE
10.1 Rules of Debate - Head of Council/Chairperson
10.2 Rules of Debate - Members
10.3 Rules of Debate - In Council/Committee of the Whole
11.0 VOTING
11.1 Voting - Head of Council
11.2 Voting - Chairperson of Committee of the Whole
11.3 Voting - Chairperson of Standing/ Ad Hoc Committee of Council
11.4 Voting on Questions
11.5 Failure to Vote
11.6 Appeal of Declaration of Result
11.7 Equality of Votes
11.8 Recorded Vote
11.9 Voting - Closed Meeting
12.0 MOTIONS/RECOMMENDATIONS
12.1 Motions/Recommendations - General
12.2 Withdrawal of a Motion
12.3 Motion to Amend
12.4 Notice of Motion
12.5 Motion to Reconsider
,..r'
13,0 AGENDA AND MINUTES
13.1 Council Agenda
13.2 Committee Agenda
13.3 Minutes - Council and Committee
I 14.0 PETITIONS AND COMMUNICATIONS
15.0 DEPUT ATIONS!DELEGATIONS
16.0 BY-LAWS
17.0 STANDING! AD HOC COMMITTEES OF COUNCIL
18.0 CONFIRMATION BY-LAW
19.0 SUSPENSION! AMENDMENT OF PROCEDURE
I
I
I
I
,
SCHEDULE 'A' TO BY-LAW NO. 2002-138
1.0 DEFINITIONS
That in this By-law:
a) "Advisory Committee" means all the members present at a me~ti.ng si.tting in
Committee and acting within the terms of reference defined within this by-
law.
b) "Agenda" means a list of all items to be considered by the .
Council/Committee at the meeting for which the agenda was published;
c) "Addendum" means a list of all items to be added to the agenda to be
considered by the Council/Committee at the meeting for which the agenda
was published;
d) "Clerk" means the Clerk of the Township of Oro-Medonte.
e) "Committee of the Whole" means all members present at a meeting sitting in
Committee.
f) "Council" means the Council of the Township of Oro-Medonte.
g) "Head of Council" means the Mayor.
h) "Holiday" means:
(i)
any holiday as defined in the Interpretation Act, R.S.O. 1990,
Chapter 1.11
Boxing Day
any day proclaimed by the Head of the Council as a Civic Holiday
(")
d:i)
i) "Local Board" means a public utility commission, transportation commission,
board of park management, board of health, planning board, or any other
board, commission, committee, body or local authority established or
exercising any power or authority under any general or special act with
respect to any of the affairs or purposes of a municipality or of two or more
municipalities or parts thereof.
j) "Meeting" means any regular, special, committee or other meeting of a
Council or local board.
k) "Member" means a member of the Council and includes the head of Council.
\) "Recorded Vote" means the recording of the name and vote of every Member
on any matter of question.
...
2.0 CALLING, PLACE AND TIME OF MEETINGS
.
2.1 Inaugural Meeting of Council
The Inaugural Meeting of Council shall take place at 11:00 a.m. on the first
Tuesday of December following a regular election.
2.2 Council Meetings - Regular
a) The Council of The Corporation of the Township of Oro-Medonte shall hold
its Regular Meetings at the Administration Centre, 148 Line 7 South, on
the first and third Wednesday of each month at 7:00 p.m. or on such
other day as may be determined from time to time by resolution of
Council. In the event that such day is a public holiday, civic holiday, or a
day on which a Municipal Election is to be held, the Council shall meet at
the same hour on the 1st day thereafter, unless otherwise provided by
resolution of Council.
b)
Where a Regular meeting of Council is to be held at a time, day or place
other than as set out in Section 2.2(a) above, Council shall give notice, at
least 48 hours in advance of such meeting, by publication in a newspaper
that is, in the Clerk's opinion, of sufficient general circulation in the area
to give the public reasonable notice of the meeting.
.
2.3 Council Meetings - Special
a) The Head of Council may, at any time, summon a Special Meeting of the
Council.
b) Upon receipt of a petition of the majority of the Members of Council, the
Clerk shall summon a Special Meeting for the purpose and at the time
mentioned in the petition.
c) The business to be dealt with at a Special Meeting of Council shall be
limited to that which is listed in the notice of the meeting.
d)
Notice of a Special Meeting of Council shall be delivered to all members of
Council at least one calendar day before the date established for the
Special Meeting.
,
2.4 Committee of the Whole Meetings
a) The Corporation of the Township of Oro-Medonte shall hold its Committee of
the Whole Meetings at the Administration Centre, 148 Line 7 South, on the
second and fourth Wednesday of each month at 9:00 a.m. or on such other
day as may be determined from time to time by resolution of Council. In the
event that such day is a public holiday, civic holiday, or a day on which a
Municipal Election is to be held, the Council shall meet at the same hour on
the 1st day thereafter, unless otherwise provided by resolution of Council.
b) Where Committee of the Whole Meeting is to be held at a time, day or place
other than as set out in Section 2.4(a) above, the Committee shall give
notice, at least 48 hours in advance of such meeting, by publication in a
newspaper that is, in the Clerk's opinion, of sufficient general circulation in
the area to give the public reasonable notice of the meeting.
c) The rules governing the procedure of Council and the conduct of Members in
Council shall be observed in Committee of the Whole so far as they are
applicable.
2.5 Time Meetings to Commence
As soon after the hour fixed for the Council/Committee meeting as there is a
quorum present, the Mayor/Chairperson shall take the chair and call the
Members to order.
. 2.6 Time Meetings to Adjourn
a) Day meetings shall adjourn at 4:00 p.m. unless this rule is temporarily
suspended by resolution of the majority of the Members present.
b) Night meetings shall adjourn at 11:00 p.m. unless this rule is temporarily
suspended by resolution of the majority of the Members present.
3.0 QUORUM
3.1 Quorum - Council/Committee of the Whole
a) Four (4) Members of Council shall constitute a quorum.
b)
Where quorum is not present within thirty minutes of the time appointed
for a meeting, the Clerk shall call the roll and record the names of the
Members present. The meeting shall stand adjourned until the next
regular meeting or until a Special Meeting is called.
.
3.2 Quorum - Standing and Ad Hoc Committees of Council
a) A majority of the whole number of members required to constitute the
Committee shall be necessary to form a quorum (one-half the number of
members + one).
b) Where quorum is not present within thirty minutes of the time appointed
for a meeting, the Chair shall record the names of the Members present.
The meeting shall stand adjourned until the next regular meeting or until
a date is fixed by the Chair for which 48 hours notice is given to all
committee members.
.
3.3 Attendance
Any member of Council may attend any meeting of any Committee to which
he/she has not been appointed and such a member shall only participate in the
discussion at the invitation of the Committee Chair. Such attendance at the
Committee meeting shall be at the member's own discretion and without per
diem.
4.0 OPEN AND CLOSED MEETINGS - GENERAL
4.1 Open Meetings
All meetings of Council and all meetings of any Committees of Council shall be
open to the public subject to the exceptions listed in Section 4.2.
4.2 Closed Meetings (In-Camera)
a) A meeting or part of a meeting may be closed to the public if the subject
matter being considered relates to:
i) the security of the property of the Township;
ii) personnel matters involving identifiable individuals including
municipal employees;
iii) the proposed or pending acquisition/sale of real property for
municipal purposes;
iv) labour relations or employee negotiations;
v)
vi)
vii)
. viii)
litigation or potential litigation affecting the municipality, including
matters before administrative tribunals;
the receiving of advice that is subject to solicitor-client privilege,
including communications necessary for that purpose;
a matter in respect of which a council, committee or other body has
authorized a meeting to be closed under another Act;
the consideration of a request under the Municipal Freedom of
Information and Protection to Privacy Act, if the Council is
designated as the head of the institution for the purposes of the
Act.
b) Before all or part of a meeting is closed to the public, the Members shall
state by resolution:
i) the fact of the holding of the closed meeting;
ii) the general nature of the matter to be considered at the closed
meeting.
5.0 RECORDING DEVICES
During a meeting of Councilor a meeting of a Committee of Council, the use of
any equipment or device of a mechanical, electronic or similar nature used for
transcribing or recording proceedings by auditory or visual means, is not
permitted within the Council Chambers and Committee Rooms without the
. consent of the majority of the Council/Committee Members.
6.0 HEAD OF COUNCIL
6.1 Chairperson - Council
The Mayor/Head of Council shall assume the duties of Chairperson during
Council Meetings.
6.2 Duties of Head of Council
a) The Head of Council shall preserve order and decorum, decide questions
of order (subject to an appeal to the Council by any Member) and, without
unnecessary comment, cite the rule of authority commonly accepted
(under parliamentary procedures) applicable to the case, if called upon to
do so.
b)
To open the meeting of Council by taking the chair and calling the
Members to order.
.
c) To announce the business before the Council in the order in which it is to
be acted upon.
d) To receive and submit, in the proper manner, all motions presented by the
Members of Council.
e) To put to vote all questions which are regularly moved and seconded, or
necessarily arise in the course of proceedings, and to announce the
results.
f) To decline to put to vote motions which infringe on the rules of procedure.
g) To restrain the Members, within the rules of order, when engaged in
debate.
h) To enforce, on all occasions, the observance of order and decorum among
the Members.
i) To expel any person for improper conduct.
j) To call by name any Member persisting in breach of the rules of order of
the Council, thereby ordering him/her to vacate the Council Chamber.
k) To receive all messages and other communications and announce them to
the Council.
I)
To authenticate, by his/her signature when necessary, all by-laws,
resolutions and minutes of the Council.
.
m) To represent and support the Council, declaring its decision in all things.
n) To ensure that the decisions of Council are in conformity with the laws
and by-laws governing activities of the Council.
0) To adjourn the meeting when the business is concluded.
p) To adjourn the meeting without the question put, in the case of grave
disorder arising in the Council Chamber.
6.3 Vacate the Chair - Head of Council
a) If the Head of Council desires to introduce a motion or by-law, he/she
shall leave the Chair for that purpose, and shall call on another Member of
Council to fill his/her place until he/she resumes the Chair.
e
b)
A motion in Council that the Head of Council leave the Chair, with leave to
sit again, shall always be in order, and shall be decided without debate.
6.4 Absence from Council Meeting
a) In the absence of the Mayor/Head of Council, within fifteen minutes after
the time appointed for the meeting, the Deputy Mayor shall call the
Members to order and, if a quorum is present, shall preside during the
meeting or until the arrival of the Mayor. In the absence of the
Mayor/Head of Council and the Deputy Mayor, a Chairperson shall be
chosen from the Members to preside during the meeting or until the
arrival of the Mayor/Head of Councilor Deputy Mayor.
b)
While presiding, the Deputy Mayor or Chairperson chosen by Council shall
have all the powers of the Mayor/Head of Council and shall be entitled to
vote as a Member.
41
7.0 CHAIRPERSON OF COMMITTEE OF THE WHOLE
The Mayor shall assume the duties of Chairperson during Committee of the
Whole Meetings.
7.1 Duties of Chairperson of Committee of the Whole
The Chairperson of Committee of the Whole shall maintain order in the
Committee and report the proceedings to the Council.
7.2 Vacate the Chair - Chairperson of Committee of the Whole
a) During Committee of the Whole Meetings, the Chairperson may appoint a
member of the Committee to take the Chair, and the Chairperson may
then vacate the chair.
b)
A motion in Committee of the Whole that the Chairman leave the Chair,
with leave to sit again, shall always be in order, and shall be decided
without debate.
.
,
7.3 Absence from Committee of the Whole Meeting
a)
e
In the absence of the Mayor/Chairperson, within fifteen minutes after the
time appointed for the meeting, the Deputy Mayor shall call the Members
to order and, if a quorum is present, shall preside during the meeting or
until the arrival of the Mayor/Chairperson. In the absence of the Mayor
and the Deputy Mayor, a Chairperson shall be chosen from the Members
to preside during the meeting or until the arrival of the Mayor or Deputy
Mayor.
b) While presiding, the Deputy Mayor or Chairperson chosen by Committee
of the Whole shall have all the powers of the Mayor/Chairperson and shall
be entitled to vote as a Member.
8.0 CHAIRPERSON - STANDINGI AD HOC COMMITIEES OF COUNCIL
The Chairperson of a Standing/Ad Hoc Committee of Council shall be appointed
by Council.
8.1 Absence from Standingl Ad Hoc Committee Meeting
a)
e
In the absence of the Chairperson, a Chairperson shall be chosen from
among the members of the Committee to preside during the meeting or
until the arrival of the Chairperson.
b) The Chairperson of a Committee may appoint another member of the
Committee to act as the Chairperson while he is temporarily absent from
the meeting.
9.0 ORDER AND DECORUM
No Member shall:
a) disturb another, or the Council itself, by any disorderly deportment
disconcerting to any Member speaking;
b) resist the rules of Councilor disobey the decision of the Head of Council
or Chairperson on questions of order or practice or upon the
interpretations of the rules of order of the Council;
e
c)
be permitted to retake his/her seat at any meeting after being ordered by
the Head of Councilor Chairperson to vacate after committing a breach of
any rule of order of the Council, without making apology and the consent
of the Council expressed by a majority vote of the other Members present,
determined without debate;
leave his/her place on adjournment until the Head of Council or
Chairperson leaves his chair;
speak until he/she has addressed himself to the Head of Councilor
Chairperson;
walk across or out of the Chamber or make any noise or disturbance when
the Head of Councilor Chairperson is putting a question and shall occupy
his/her seat while a vote is being taken and until the result thereof is
declared;
ignore a dress code for Council Meetings agreed to by the majority
Members of Council.
d)
e)
f)
g)
10.0 RULES OF DEBATE
10.1 Rules of Debate - Head of Council/Chairperson
In directing the course of debate, the Head of Council/Chairperson shall:
e a) designate the Member who has the floor when Members raise their hand
to speak;
b) preserve order and decide questions of order;
c) cause to be read all motions/recommendations presented in writing and
state all motions/recommendations presented verbally before permitting
debate on the question, except when otherwise provided in this by-law.
10.2 Rules of Debate - Members
In addressing the Council/Committee of the Whole, no member shall:
a) speak disrespectfully of Her Majesty the Queen or any of the Royal Family,
or of the Governor-General, Lieutenant-Governor or any member of the
Senate, the House of Commons of Canada, or the Legislative Assembly of
Ontario;
b) use indecent, offensive or insulting language in or against the Councilor
any member thereof;
c) speak beside the question in debate;
e d) criticize any decision of Council/Committee except for the purpose of
moving that the question be reconsidered;
e) disobe~ the rules of Council/Committee or a decision of the Head of
Counci /Chairperson on questions out of order or practice, or upon the
interpretation of the rules of the Council/Committee;
10.3 Rules of Debate - In Council/Committee of the Whole
d)
Every member when speaking to any question or motion shall respectfully
address the Mayor or Chairperson.
When a member is speaking, no other member shall pass between
him/her and the Chair, or interrupt him/her except to raise a point of
order.
Any member may require the question or motion under discussion to be
read at any time during the debate, but not so as to interrupt a member
while speaking.
No member shall speak to the same question for longer than 2 (two)
minutes. With the leave of Council/Committee, a supplementary question
with a further 1 (one) minute, may be granted.
a)
b)
c)
e
(i)
A member may ask a question only for the purpose of obtaining
facts relevant to the matter under discussion and necessary for a
clear understanding thereof.
All questions shall be stated succinctly and questions shall not be
used as a means of making statements or assertions.
(ii)
11.0 VOTING
11.1 Voting - Head of Council
The Mayor/Head of Council (except where disqualified from voting by reason of
interest or otherwise) may vote with the Members on all questions.
11.2 Voting - Chairperson of Committee of the Whole
The Chairperson of Committee of the Whole (except where disqualified from
voting by reason of interest or otherwise) may vote with the Members on all
questions.
11.3 Voting - Chairperson of Standing/ Ad Hoc Committee of Council
The Chairperson of a Standing/Ad Hoc Committee of Council may not vote with
the Members of the Committee on any question.
11.4 Voting on Questions
e
When the Mayor or Chairperson calls for the vote on a question, each
member shall occupy his/her seat and shall remain there until the result of
the vote has been declared by the Mayor or Chairperson. During such time
no member shall walk across the room or speak to any other member or
make any noise or disturbance.
b) After a question is finally put by the Head of Council, Chairperson or
member, no Member shall speak to the question nor shall any other
motion be made until after the vote is taken and the result has been
declared.
a)
c) Every member present at a meeting of the Council/Committee, when a
question is put, shall vote thereon, unless he/she has declared any
pecuniary interest, direct or indirect in the question.
d) The manner of determining the decision of the Council on a motion shall
be by a "show of hands".
e) Any motion shall require four affirmative votes in order to be valid and
binding on Council. Where only a quorum is present, a
resolution/recommendation, in order to carry or be passed, must be
affirmed by the majority of the quorum.
11.5 Failure to Vote
Failure to vote by any member present, except when a member has declared a
pecuniary interest, shall be taken as a negative vote.
11.6 Appeal of Declaration of Result
a) Council Meetings
If a member who has voted on a question disagrees with the declaration
of the Mayor or Chairperson that the question is carried, or lost, he/she
may, but only immediately after the declaration by the Mayor or
Chairperson, appeal the declaration. On an appeal by a member, the
Mayor/Chairperson shall call for a recorded vote to be taken on the
question in the manner prescribed in Section 11.8 of this By-law.
Committee of the Whole and
Standingl Ad Hoc Committees of Council
An appeal of the Declaration of Result by the Chair of a Committee of
Council shall be to the Mayor in Council.
e
41
b)
11.7 Equality of Votes
Where a vote on a question results in an equality of votes, the result shall be
deemed to be negative.
11.8 Recorded Vote
a)
When a member present requests, immediately prior to or immediately
subsequent to the taking of the vote, that the vote be recorded, each
member present, except a member who is disqualified from voting by any
Act, shall announce his/her vote openly.
The Mayor or Chairperson, immediately following the request for a
recorded vote, will put the question again.
All members present at the Councilor Committee Meeting, unless
disqualified from voting by any Act, must vote in alphabetical order,
beginning with the member who has requested the recorded vote. The
Clerk shall call each member individually, record the member's vote, and
report the result of the vote to the Mayor/Chairperson.
The Head of Council/Mayor or Chairperson shall vote last.
b)
c)
d)
11.9 Voting - Closed Meeting
a) Subject to Section 11.8 (b), a meeting shall not be closed to the public
during the taking of a vote.
Notwithstanding Section 11.8 (a), a meeting may be closed to the public
during the taking of a vote where:
i) Section 4.2 permits a meeting to be closed to the public; and
ii) The vote is for a procedural matter or for giving directions or
instructions to officers, employees or agents of the Township or
persons retained by or under contract with the Township.
12.0 MOTIONS/RECOMMENDATIONS
e
b)
12.1 Motions/Recommendations - General
a) Motions/recommendations, or notices thereof, shall be in writing, moved
and seconded.
e
e
b)
Every motion/recommendation, when duly moved and seconded, shall be
received by the Head of Council/Chairperson, and shall then be open for
discussion prior to the vote being taken. Immediately preceding the taking
of the vote, the Head of Council/Chairperson, may state the question in
the form introduced and shall do so if required by a Member. He/She shall
state the question in the precise form in which it will be recorded in the
minutes.
c)
The following matters may be introduced orally, without written notice,
and without leave:
(i) a point of order or personal privilege
(ii) presentations of petitions
(iii) a motion to suspend a rule of procedure or in compliance with a
rule of procedure
(iv) a motion to adjourn (not debatable)
(v) a motion that the vote now be taken
(vi) a motion that the Council resolve itself into a Committee of the
Whole ( not debatable)
d) When the motion under consideration concerns two or more matters, a
vote on each matter, upon the request of any member, may be taken
separately.
e)
A motion in respect of a matter which is beyond the jurisdiction of Council
shall not be in order.
No member shall speak to a motion more than once, without leave from
the Head of Council/Chairperson. Each Member shall confine their remarks
to a limit of 2 (two) minutes.
f)
12.2 Withdrawal of a Motion
After a motion has been received and/or read by the Mayor or Chairperson, it
shall be deemed to be in the possession of the Council but may be withdrawn by
the mover, with the consent of the seconder, prior to discussion or amendment
or voting thereon.
12.3 Motion to Amend
A motion to amend:
a) shall be presented in writing;
b) shall be relevant to the question to be received;
c) shall not be received proposing a direct negative to the question;
d) shall receive disposition of Council prior to a decision on the main
question;
e
e) shall be disposed of in the reverse order of presentation to any
further amendment and/or the original motion;
f) shall not be further amended, more than once, provided that
further amendment may be made to the original motion;
g)
may propose a separate and distinct disposition of a question;
12.4 Notice of Motion
a) A motion to rescind or that has the effect of being contrary or opposite to
a motion entered upon the minutes shall be received or put only when
notice of intention to introduce such motion is given in accordance with
Section 12.4 (b).
b) Notice of motion requires the Member of Council to provide at least a brief
verbal explanation of the matter and to provide the Mayor/Head of Council
with a written motion at a regularly scheduled meeting of Council. Such
motion shall be provided to Members in an agenda for consideration by
Council at its next regularly scheduled meeting.
12.5 Motion to Reconsider
After any question has been decided, the following shall prevail:
e
a)
A motion to reconsider a question can only be made by a Member who
voted on the prevailing side, or a Member who was absent from the
meeting when the question was considered, and must be made on the day
the vote was taken or at the next succeeding regular meeting of Council.
No discussion except that obtaining information that justifies the
reconsideration, shall be allowed until the motion for reconsideration is
decided upon.
No main motion may be reconsidered and no further discussion of the
main motion may take place more than once in a ninety-day period.
b)
c)
13.0 AGENDA AND MINUTES
13.1 Council Agenda
The Clerk shall forward all notices and agendas for regular meetings of
Council a minimum of 48 hours in advance of such meetings.
Notice of intention to introduce a matter not provided for on the Agenda
may be given in the "Notice of Additions" portion of the Agenda and shall
be entered for consideration on the Agenda after the appropriateness of
considering the matter is decided by the Head of Council/Chairperson.
The Order of the Day shall have preference during the Council meeting,
save and except that the Head of Council/Mayor may change the order at
any time during the meeting.
Order of the Dav
The business of Council shall be taken up in the following order:
41
c)
a)
b)
1. Opening of Meeting by the Mayor
2. Prayer/Contemplation/Reflection
3. Notice of Additions
4. Adoption of the Agenda
5. Disclosure of Pecuniary Interest
6. Minutes of Previous Meetings of Council
7. Recognition of Achievements
8. Public Meetings
9. Deputations
10. Consent Agenda
11. Motions for which Notice has been given
12. Reports of Municipal Officers
13. Reports of Committees
14. Communications
15. In-Camera Items
16. By-laws
17. Confirmation By-law
18. Questions and Announcements
19. Adjournment
--
e
13.2 Committee Agenda
a) The Clerk shall forward all notices and agendas for regular Committee of
the Whole meetings a minimum of 48 hours in advance of such meetings.
b) Notice of intention to introduce a matter not provided for on the Agenda
may be given in the "Notice of Additions" portion of the Agenda and shall
be entered for consideration on the Agenda after the appropriateness of
considering the matter is decided by resolution of a majority of members.
13.3 Minutes - Council and Committee
The minutes of meetings of Council and Committee shall record, without note or
comment:
a) the place, date and time of meeting;
b) the names of those present;
c) disclosure of pecuniary interest and the nature thereof;
d) the fact of the holding of a closed meeting and the general nature thereof;
e) all resolutions, decisions and proceedings of Council.
14.0 COMMUNICATIONS AND PETITIONS
a) Every communication, including a petition designed to be presented to the
Council and filed with the Clerk, shall be legibly written or printed; shall
e not contain any obscene or improper matter or language; shall be signed
and dated by at least one person; and shall include an address and
telephone number where return correspondence or contact is to be
directed.
b) Every communication or petition shall be delivered to the Clerk not less
than four regular working days in advance of the meeting.
15.0 DEPUTA TIONSI DELEGATIONS
a) Persons desiring to present information verbally on matters of fact or
make a request of Council shall give notice, in writing, to the Clerk not
less than four regular working days in advance of the meeting of Council,
stating the purpose of the Deputation. All requests to be heard by Council
shall be signed. Council may, at its sole discretion, entertain
deputations/delegations with less notice as circumstances warrant.
b) Deputations may be limited in speaking to not more than ten (10)
minutes.
c) A delegation wishing to appear before Council shall be limited to two (2)
speakers, each limited to speaking not more than five (5) minutes.
e d) Persons requesting to apgear before Council shall be advised of the time
limitation in advance of t eir presentation.
e) The Chairperson of a Committee Meeting or Council Meetinf may expel or
exclude from the meeting, any person who in the opinion 0 the
Chairperson, has behaved improperly.
16.0 BY-LAWS
a) Every by-law shall be introduced upon motion by a Member of the Council,
specifying the title of the By-law.
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 provisions of any act and shall be complete
with the exception of the number and date hereof.
c) Every by-law shall have three readings prior to it being passed.
d) The first and second reading of a by-law shall be decided without
amendment or debate.
e) If the Council determines that the by-law is to be considered in Committee
of the Whole, it shall be so considered previous to the third reading
thereof.
e
f)
If Council so determines, a by-law may be taken as read.
g) The Clerk shall set out on all by-laws enacted by Council the date of the
several readings thereof.
h) Every by-law enacted by the Council shall be numbered and dated and
shall be sealed with the seal of the Corporation and signed by the Clerk
and the Head of Councilor Chairperson and shall be deposited by the
Clerk in the office for safekeeping.
17.0 STANDINGI AD HOC COMMITTEES OF COUNCIL
The provisions of this By-law, with necessary modification, shall apply to
Standing/Ad Hoc Township Committees and to any other Committees or local
boards established by Council from time to time.
18.0 CONFIRMATION BY-LAW
e
There shall be enacted a by-law at the end of each Council Meeting to
confirm each recommendation contained in a Report of the Committee of
Council and, in respect of each motion, resolution and other actions
passed and taken by the Council at the meeting, except where the prior
approval of the Ontario Municipal Board or any other body or agency is
required.
A motion for leave to pass a by-law to confirm the proceedings of a
meeting of Council shall be voted on without debate.
19.0 SUSPENSION I AMENDMENT OF PROCEDURE
a) Any procedure required by this by-law may be suspended with consent of
a majority of the Members of the Council present.
b)
a)
c)
No amendment or repeal of this By-law or any part thereof shall be
considered at any meeting of the Council unless notice of proposed
amendment or repeal has been given at a previous regular meeting of the
Council. The waiving of this notice by the Council is prohibited.
e
-