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2007-136 To Govern the Proceedings of Council and Committees/Technical Support GroupsTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-136 A By-law to Govern the Proceedings of Council and CommitteeslTechnical Support Groups of Council in the Township of Oro-Medonte and to Repeal By-law No. 2006-114 WHEREAS the Township of Oro-Medonte By-law No. 2006-114, being a by-law to govern the proceedings of Council and Committees of Council in the Township of Oro- Medonte was passed under the authority of the Municipal Act, 2001, S.Q. 2001, c.25, Section 238(2); AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to repeal By-law No. 2006-114 so that Council may reflect the current practices, procedures and statutory requirements of Council and Committees of Council; AND WHEREAS Section 238(2} of the Municipal Act, 2001, S. C1. 2001, c.25, as amended states that every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238(2.1 } of the Municipal Act, 2001, 5.4, 2001, c.25, as amended states that the procedure by-law shall provided far public native of meetings; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the proceedings of Council and its CommitteeslTechnical Support Groups, 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 the current edition of "Robert's Rules of Order Newly Reuised" 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 declared to be invalid. Any provincial Statutes imposed contrary to this by-law shall take precedence. 4. That this by-law may be cited as the "Procedural By-law". 5. That By-law No. 2006-114 is hereby repealed in its entirety. 6. This by-law shall take effect on the 1 St day of January, 2008. BY-LAW READ A FIRST AND SECOND TIME THIS 19TH DAY OF DECEMBER, 2007. BY-LAW READ A THIRD TIME AND FINA~~Y PASSED THIS 19T" DAY OF DECEMBER, 2007. THE CORPORATION OF THE TOWNSHIP 4F ORO-MEDONTE --~--- Mayor, H.S. Hughes ,,~ ~ - ~:~ C,erk, .f. Douglas Irwin Schedule "A" to By-law No. 20107-136 Page 2 of 19 Schedule "A" to By-law No. 2007-136 for The Corporation of the Township of Oro-Medonte INDEX 1.0 DEFINITIONS 2.0 NOTICE OF MEETING 3.0 CALLING, PLACE AND TIME OF MEETINGS 3.1 Inaugural Meeting of Council 3.2 Regular Meeting Schedule of CouncillCommittee of the Whole 3.3 Council Meetings -Special 3.4 Cammittee of the Whale Meetings 3.5 Time Meetings to Commence 3.6 Time Meetings to Adjourn 4.0 QUORUM 4.1 Quorum - CouncillCommittee of the Whole 4.2 Quorum - StandinglAd Hoc Committees or Technical Support Groups of Counci( 4.3 Attendance 5.0 OPEN AND CLOSED MEETINGS -GENERAL 5.1 Open Meetings 5.2 Closed Meetings (In-Camera} 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 7A CHAIRPERSON OF COMMITTEE OF THE WHOLE 7.1 Duties of Chairperson of Committee of the Whole 7.2 Vacate the Chair -Chairperson of Cammittee of the Whole 7.3 Absence from Committee of the Whole Meeting 8.0 CHAIRPERSON - STANDINGIAD HOC COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL 8.1 Absence from StandinglAd Hoc Committee or Technical Support Group Meeting 9.0 CONDUCT 9.1 Conduct -Members of Council 9.2 Conduct -Members of the Public 10.0 RULES OF DEBATE 10.1 Rules of Debate -Head of CauncillChairperson 10.2 Rules of Debate -Members 10.3 Rules of Debate - In CouncillCommittee of the Whole 11.0 VOTING 11.1 Voting -Head of Council 11.2 Voting -Chairperson of Cammittee of the Whole 11.3 Voting -Chairperson of StandinglAd Hoc Committee or Technical Support Group 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 Schedule "A" to By-law No. 2oQ7-136 Page 3 of 19 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 13.0 AGENDA AND MINUTES 13.1 Council Agenda 13.2 Committee Agenda 13.3 Minutes -Council and Committee 14.0 PUBLIC MEETINGS/PUBLIC INFORMATION SESSIONS 15.0 PETITIONS AND COMMUNICATIONS 16.0 DEPUTATIONSIDELEGATIONS 17.0 BY-LAWS 18.0 STANDING/AD HOC COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL 19.0 CONFIRMATION BY-LAW 20.0 SUSPENSION/AMENDMENT OF PROCEDURE Schedule "A" to By-law No. 2407-136 Page 4 of 19 SCHEDULE `A' TO BY-LAW NO. 200?-136 1.0 DEFINITIONS That in this By-law: a) "Committee" means an advisory committee of Council or similar entity, but does not include the Committee of the Whole. b) "Agenda" means a list of all items to be considered by the CouncillCommittee 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 CouncillCommittee at the meeting for which the agenda was published. d) "Chair" means the person presiding over a meeting of a Council or Committee/Technical Support Group. e) "Clerk" means the Clerk of the Township of Oro-Medonte or the Deputy Clerk acting in the capacity of the Glerk in hislher absence. f) "Committee of the Whole" means all members of Council present at a meeting sitting as Committee of the Whole. g) "Consent Agenda" means a list of items on the agenda containing recommendations from staff as to their disposition, all of which may be adopted by one motion, but any of which may be transferred to the regular agenda for consideration upon the request of a member. h} "Council" means the Council of The Corporation of the Township of Qro- Medonte. i) "DeputationlDelegation" means a person or group of persons who address Council on behalf of an individual or a group far the purpose of making a presentation to Council. j} "Head of Council" means the Mayor of The Corporation of the Township of Oro-Medonte or the Deputy Mayor acting in the capacity of the Mayor in his/her absence. k) "Holiday" means: (i} any holiday as defined in the Section 88 of the legislation Act, 2aa6. S.4. 20x6, c.21, Sched. F, (ii} any day proclaimed by the Head of the Council as a Civic Holiday. 1} "Improper Language" means the use of profane, indecent or obscene language. m) "In Camera" means a meeting, or portion thereof, closed to the public in accordance with Section 239 of the Municipal Act, 2aa1, as amended. n) "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 mare municipalities or parts thereof. o) "Meeting" means any regular, special, committee or other meeting of Council, or a local board or of a committee of either of them. p) "Member" means a member of the Council, including the Head of Council, or a member which Council has appointed to a CommitteelTechnical Support Group. q) "Notice of Motion" means an advance notice to members of a matter on which Council will be asked to take a position. r} "Recorded Vote" means the recording of the name and vote of every Member on any matter of question. Schedule "A" to By-law No, 2047-136 Page 5 of 19 s) "Resident" means an individual who resides or rentsJowns property within the boundaries of the Township. t) "Special Meeting" means a meeting not scheduled in accordance with the approved schedule of meetings. u) "Technical Support Group" means an advisory committee where less than 50 per cent of the members are members of Council of the Township of Oro- Medonte. v) "Township" means The Corporation of the Township of {fro-Medonte. 2.0 NOTICE OF MEETING a) The Clerk shall ensure that the agenda for each regular meeting of Gouncil and Committee of the Whole shall be posted to the Township website an the morning of the first business day of the week of the meeting. b} Notice of a Special Gouncil Meeting shall be given to the public by posting of the Agenda an the Township website as soon as is practicable after notice of the Special Meeting has been given. c) The Mayor or Chairperson may, if it appears that a storm ar like occurrence will prevent the members from attending a meeting, postpone that meeting by advising the Clerk and as many members as they are able to reach. Postponement shall not be for any longer than the next regularly scheduled meeting. d} The Clerk, or designate, shall provide notice of cancellation to Council, Staff, Media and all other interested parties a minimum of two (2) hours in advance of any meeting, public meeting, hearing, ar information session in the case of severe inclement weather. 3.0 C~il_t:iNG; RI:~-C-E-r~iVD TiPv'fE OF-MEETINGS - - - 3.1 Inaugural Meeting of Council a) The Inaugural Meeting of Council shall take place at 7:00 p.m. on the first Tuesday of December following a regular election. b) The Mayor-elect and Clerk shall be responsible for the location, content and format of the agenda for the Inaugural Meeting and all arrangements for the Inaugural proceedings. 3.2 Regular Meeting Schedule of Council/Committee of the Whole The regular schedule of meetings for the Council of The Corporation of the Township of Oro-Medonte shall be: a) Council Meetings on the second and fourth Wednesday of each month (except January, July, August and December - as defined further in this section) commencing at 7:00 p.m. or an such other day as may be determined from time to time by resolution of Cauncil. b) Committee of the Whole Meetings on the first and third Wednesday (except January, July, August and December - as defined further in this section) of each month commencing at 9:00 a.m. or on such other day as may be determined from time to time by resolution of Council. Schedule "A" to By-lava Na. 2007-i 36 Page 6 of 19 c) During the month of January, meetings shall be held as follows: i) There shall be no meeting the first Wednesday of the month; ii) Council meetings shall be held on the second and fourth Wednesday of the month commencing at 7:00 p.m. iii} A Committee of the Whole meeting shall be held on the third Wednesday of the month commencing at 9:00 a.m. d) During the months of July and August, a Committee of the Whole, followed by a Special Council meeting, to ratify the decisions of the Committee of the Whole, shall be held an the Wednesday of the week, in which the 15th day falls between Sunday and Saturday, commencing at 9:00 a.m. e) During the month of December, meetings shall be held as follows: i) A Committee of the Whole meeting shall be held on the first Wednesday of the month commencing at 9:00 a.m. ii} A Council meeting shall be held on the second Wednesday of the month commencing at 7:00 p.m. iii} A Committee of the Whole, followed by a Special Council meeting, to ratify the decisions of the Committee of the Whole, shall be held on the third Wednesday of the month commencing at 9:00 a.m. iv} There shall be na meeting the fourth Wednesday of the month. f) Meetings of the Gouncil/Committee of the Whale shat! be held at the Township of Oro-Medonte Administration Centre, 148 Line 7 South, Oro or any other location within the municipality otherwise designated from time to time for such purposes. g) In the event that the day scheduled for a regular Council or Committee of the Whole meeting is a public holiday, civic holiday, or a day an which a Municipal Election is to be held, the Council shall meet at the same hour an the 1St day thereafter, unless otherwise provided by resolution of Council. h) Where a Regular meeting of Council or Committee of the Whole is to be held at a time, day or place other than as set out in this Section, Council shall give notice, at least 48 hours in advance of such meeting, by publication on the Township website, and if deemed appropriate by the Clerk, 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. 3.3 Council Meetings -Special a) The Mayor may, at any time, summon a Special Meeting of the Gouncil. b) Upon receipt of a petition of the majority of the Members of Gouncil, the Clerk shall summon a Special Meeting for the purpose and at the time mentioned in the petition. c} No business may be transacted at a Special Meeting of Council other than that specified in the notice of the meeting ar agenda. 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 far the Special Meeting. 3.4 Committee of the Whole Meetings a) The rules governing the procedure of Council and the conduct of Members in Council shall be observed in Committee of the Whale so far as they are applicable. Schedule "A" to By-law Na. 2007-136 Page 7 of 19 3.5 3.6 4.0 4.1 4.2 4.3 5.0 Time Meetings to Commence As soon after the hour fixed for the Council/Committee of the Whole or CommitteetTechnical Support Group meeting as there is a quorum present, the Head of Council or Chairperson shall take the chair and call the Members to order. Time Meetings to Adjourn a} Day meetings shall adjourn at 1:00 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. QUORUM 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. Quorum - Standing/Ad Hoc Committees ar Technical Support Groups of Council a) A majority of the whole number of members required to constitute the Committee ar Technical Support Group 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 far a meeting, the Chairperson 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 Chairperson for which 48 hours notice is given to all committee or technical support group members. Attendance Any member of Council may attend any meeting of any Committee or Technical Support Group to which helshe has not been appointed and such a member shall only participate in the discussion at the invitation of the Chairperson. Such attendance at the Gommitteetfechnical Support Group meeting shall be at the member's own discretion and without per diem. OPEN AND CLOSED MEETINGS -GENERAL 5.1 Open Meetings All meetings of Council/Committee of the Whole and all meetings of any Committees/Technical Support Groups of Council shall be open to the public subject to the exceptions listed in Section 5.2. Schedule "A" to By-law Na. 2007-136 Page 8 of 19 5.2 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 municipality; ii} personal matters about an identifiable individual, including municipal employees; iii) the proposed or pending acquisitiontdispasition of land by the municipality; iv) labour relations or employee negotiations; v) litigation or potential litigation affecting the municipality, including matters before administratiue tribunals; vi) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; vii) a matter in respect of which a council, committee or other body may hold a closed meeting under another Act; viii) the consideration of a request under the Municipal Freed©m of Information and Protection to Privacy Act, if the Council is designated as the head of the institution for the purposes of the Act; ix) The education or training of the members; provided that no member discusses or otherwise deals with any matter in a way that materially advances the business or decision making of the Council or committee. 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 and the general nature of the matter to be considered at the closed meeting; ar ii) in the case of a meeting under Section 239(3.1), Education or training sessions, the fact of the holding of the closing meeting, the general nature of the matter and that it is closed under that subsection. 6.0 6.1 HEAD OF COUNCIL Chairperson -Council The 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. schedule "A" to By-law No. 2007-136 Page 9 of 19 f} To decline to put to vote motions which in€ringe 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 conduct of the Members. i} To expel any person for improper conduct. j} Ta call by name any Member persisting in breach of the rules of order of the Gouncil, thereby ordering him/her to vacate the Gouncil Chamber. k) To receive all messages and other communications and announce them to the Gouncil. I) To authenticate, by hislher 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 Gouncil are in conformity with the laws and by-laws governing activities of the Gouncil. o} 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 Gouncil Ghamber. 6.3 Vacate the Chair -Head of Council a} If the Head of Council desires to introduce a motion or by-law, helshe shall leave the Chair for that purpose only, and shall call on another Member of Council to fill his/her place until helshe resumes the Ghair. b} A motion in Council that the Head of Council leave the Chair, with leave to sit again, shat{ always be in order, and shall be decided without debate.. 6.4 Absence from Council Meeting a} In the absence of the 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 ar until the arrival of the Head of Gouncil. In the absence of the Head of Council and the Deputy Mayor, and a quorum is present, the Clerk shall call the members to order, and a Chairperson shall be chosen from the Members to preside during the meeting or until the arrival of the Head of Gouncil or Deputy Mayor. b) When the Chair is vacated by the Head of Council, the Deputy Mayor shall assume the Chair and shall preside during the meeting until the return of the Head of Council. c} While presiding, the Deputy Mayor or Ghairperson chosen by Council shall have all the powers of the Head of Gouncil and shall be entitled to vote as a Member. 7.0 CHAIRPERSON OF C~MMIITEE QF THE WHQL.E The Head of Council shall assume the duties of Ghairperson during Committee of the Whole Meetings. Schedule "A" to By-law No. 2007-136 Page 10 of 19 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 Gommittee to take the Ghair, and the Chairperson may then vacate the chair. b) A motion in Committee of the Whole that the Chairperson 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} In the absence of the MayorlChairperson, within fifteen minutes after the time appointed for the meeting, the Deputy Mayor shall caN the Members to order and, if a quorum is present, shall preside during the meeting or until the arrival of the MayorlChairperson. In the absence of the Mayor and the Deputy Mayor, and a quorum is present, the Clerk shall call the members to order, and a Chairperson shall be chosen from the Members to preside during the meeting or until the arrival of the Mayor ar Deputy Mayor. b} While presiding, the Deputy Mayor or Chairperson chosen by Committee of the Whale shall have all the powers of the Mayor/Chairperson and shall be entitled to vote as a Member. c} The Mayor/Head of Council may designate any Member of Council to act as Chairperson. While presiding, the Chairperson shall have all of the powers of the MayorlChairperson and shall be entitled to vote as a Member. 8.0 CHAIRPERSON - STANDINGIAD HOC COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL The Chairperson of a StandinglAd Hac Committee or Technical Support Group of Council shall be appointed by Council. 8.1 Absence from StandingJAd Hoc Committee or Technical Support Group Meeting a) In the absence of the Chairperson, a Chairperson shall be chosen from among the members of the CommitteelTechnical Support Group to preside during the meeting or until the arrival of the Chairperson. b) The Chairperson of a CommitteelTechnical Support Group may appoint another member of the Committee to act as the Chairperson while helshe is temporarily absent from the meeting. Schedule "A" to By-law No. 2007-136 Page 11 of 19 9.0 CONDUCT 9.1 Conduct -Members of Council Members of Council shall: a) not disturb another, or the Cauncil itself, by any disorderly deportment disconcerting to any Member speaking. b) not resist the rules of Council or disobey the decision of the MayorlHead of Council or Chairperson an questions of order or practice or upon the interpretations of the rules of order of the Council. c) not be permitted to retake hislher seat at any meeting after being ordered by the MayorlHead of Cauncil or Ghairperson 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. d) not leave hislher place on adjournment until the MayorlHead of Council or Ghairperson leaves his chair. e) not speak until helshe has addressed himself to the Mayor/Head of Council ar Chairperson. f} not walk across or out of the Chamber or make any noise or disturbance when the Mayor/Head of Gouncil ar Chairperson is putting a question and shall occupy his/her seat while a vote is being taken and until the result thereof is declared. g) not disclose any written or verbal information received at a meeting or part of a meeting closed to the general public. h) declare where a conflict of interest ar possible conflict of interest exists, and shall not participate in the discussion of or vote on any question with respect to the matter. i) convey the position of Council once a question has been decided, whether they are in favour or opposed. j) adhere to a dress code for CounciUCommittee of the Whole Meetings as agreed to by the current term of Council. 9.2 Conduct -Members of the Public Members of the public shall: a) respect the decorum of CouncillCommittee and shall refrain from public outbursts; shouting; or behaviour intended to disrupt the debate, discussion and/or general proceedings of CouncillCommittee. The Mayor or Chair may request that a member ar members of the public vacate the meeting room if their behaviour is deemed to be disruptive to the business at hand. The Mayor or Chair may unilaterally suspend the meeting until order is restored in the meeting room. 10.0 RULES OF DEBATE 10.1 Rules of Debate -Head of CouncillChairperson In directing the course of debate, the Head of CouncillChairperson shall: 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 motionslrecommendatians presented verbally before permitting debate an the question, except when otherwise provided in this by-law. Schedule "A" to By-law Na. 2©07-136 Page 12 of 19 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 (3ntario. b) use indecent, offensive ar insulting language in or against the Council or any member thereof, employees of the Township or citizens of the Township. c} speak beside the question in debate. d} criticize any decision of Council/Committee except for the purpose of moving that the question be reconsidered. e) disobey the rules of Council/Committee or a decision of the Head of Council/Chairperson on questions out of order or practice, ar upon the interpretation of the rules of the Council/Committee. 10.3 Rules of Debate - In CouncillCommittee of the Whole a) Every member when speaking to any question or motion shall respectfully address the Mayor/Head of Council or Chairperson. b} When a member is speaking, no other member shah pass between himlher and the Chairperson, or interrupt him/her except to raise a point of order. c} 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. d) No member shall speak to the same question for longer than 2 (two) minutes. With the leave of CouncillCommittee, asupplementary question with a further 1 (one) minute, may be granted. (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. (ii) All questions shall be stated succinctly and questions shall not be used as a means of making statements ar assertions. 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 StandinglAd Hoc Committee or Technical Support Group of Council Members of Council sitting as members of Standing/Ad Hoc Committees or Technical Support Groups of Council may not vote with the members of the committeeltechnical support group on any question. Schedule "A" to By-law Na. 20t~7-136 Page 13 of 19 11.4 Voting on Questions a) When the MayorlHead of Council 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 MayorlHead of Council or Chairpersan. During such time no member shall walk across the room ar speak to any other member or make any noise or disturbance. b) After a question is finally put by the MayorlHead 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. c) Every member present at a meeting of the GounciltCommittee, when a question is put, shall vote thereon, unless hetshe has declared any pecuniary interest, director 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 ar be passed, must be affirmed by the majority of the quorum. f) Members of Council appointed to the Planning Advisory Committee shall not vote with the public members of Planning Advisory Committee on any question. 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/Head of Council or Chairpersan that the question is carried, or last, hetshe may, but only immediately after the declaration by the Mayor/Head of Council or Chairpersan, appeal the declaration. C}n an appeal by a member, the Mayor/Head of Council ar Chairpersan shall call for a recorded vote to be taken on the question in the manner prescribed in Section 11.8 of this By-law. b} Committee of the Whole and Standing/Ad Hoc Committees or Technical Support Groups of Council An appeal of the Declaration of Result by the Chairperson of a CammitteetTechnical Support Group of Council shall be to the Mayor/Head of Council in Council. 11.? 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. b) The MayorlHead of Council or Chairperson, immediately following the request far a recorded vote, will put the question again. c) All members present at the Council or 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/Head of Council or Chairperson. d) The Mayor/Head of Council or Chairperson shall vote last. Schedule "A" to By-law No, 2oQ7-f 36 Page 14 of 19 11.9 Voting -Closed Meeting a) Subject to Section 11.4, a meeting shall not be closed to the public during the taking of a vote. b} Notwithstanding Section 11.4, a meeting may be closed to the public during the taking of a vote where: i) Section 5.2 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 Mt~TIQNSIREC4MMENDATiC>NS 12.1 MotionslRecommendations -General a) Motions/recommendations, or notices thereof, shall be in writing, moved and seconded. b) Every motionJrecommendatian, when duly moved and seconded, shall be received by the MayorlHead of Council or Chairperson, and shall then be open for discussion prior to the vote being taken. Immediately preceding the taking of the vote, the MayorlHead of Council or Chairperson, may state the question in the farm introduced and shall do so if required by a Member. Helshe 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 Whale (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. f} No member shall speak to a motion mare than once, without leave from the MayorlHead of Council ar Chairperson. Each Member shall confine their remarks to a limit of 2 (two) minutes. 12.2 Withdrawal of a Motion After a motion has been received andlor read by the MayorlHead of Gouncil ar Ghairperson, it shall be deemed to be in the possession of the Gouncil but may be withdrawn by the mover, with the consent of the seconder, prior to amendment ar 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. Schedule "A" to ~y-law No. 2007-136 Page 15 of 19 e) shall be disposed of in the reverse order of presentation to any further amendment andlor 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 apposite to a motion entered upon the minutes shall be received or put only when notice of intention to introduce such mation is given in accordance with Section 12.4 (b}. b) Notice of motion requires the Member of Council to provide, at a minimum, a brief verbal explanation of the matter and to provide the MayorlHead of Council with a written motion at a regularly scheduled meeting of Council. Such motion shall be provided to Members in an agenda far consideration by Council at its next regularly scheduled meeting. 12.5 Motion to Reconsider After any question has been decided, the following shall prevail: 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. b} No discussion, except that obtaining information that justifies the reconsideration, shall be allowed until the motion for reconsideration is decided upon. c) No main mation may be reconsidered and no further discussion of the main motion may take place more than once in a ninety-day period. 13.p AGENDA AND MINUTES 13.1 Council Agenda a) The Clerk shall forward all notices and agendas, to each member of Council, for regular meetings of Council 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 the Mayor/Head of Council or Chairperson. This shall include all items on the Addendum. Additions and Addendums shall be limited to those matters which are of an urgent nature. c} The Order of the Day shall have preference during the Council meeting, save and except that the MayorlHead of Council may change the order at any time during the meeting. Schedule "A" to By-law Na. 2007-136 Page 16ot19 Order of the Day The business of Council shall be taken up in the following order: 1. Opening of Meeting by the Mayor 2. PrayerlContemplation/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. Reports of Municipal Officers 11. Reports of Members of Council 12. Reports of Committees 13. Consent Agenda 14. Communications 15. Notice of Motions 16. Motions for which Notice has been given 17. In-Camera Items 18. By-laws 19. Confirmation By-law 20. Questions from the Public Clarifying an Agenda Item 21. Announcements 22. Adjournment 13.2 Committee Agenda a) The Clerk shall forward all notices and agendas, to each member of Council, far 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" portEOn 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. This shall include ail items on the Addendum. Additions and Addendums shall be limited to those matters which are of an urgent nature. 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 resolutionslrecommendations, decisions and proceedings of the meeting. 14.0 PUBLIC MEETINGS/PUBIC INF4RMATIC}N SESSIQNS a) Council, from time to time, may conduct Public Meetings or Public Information Sessions for any purpose giving such notice as may be deemed necessary or required by legislation or the Township's Notice Policy. b) Public Meetings required to fulfill a condition imposed by a decision of the Township of Oro-Medonte Committee of Adjustment, in accordance with the Planning Act, shall be conducted during a regularly scheduled meeting of Council. c) Public Meetings required for an application, in accordance with the Planning Act, which is subject to the approval of the Planning Advisory Committee shall be conducted in conjunction with a regularly scheduled meeting of the Planning Advisory Committee, or if deemed necessary by the Clerk, or designate, shall be conducted as a separate meeting on a designated day. d) All Public Meetings/Public Information Sessions shall be digitally recorded, and such recording shall be available to the public through the Township website. Schedule "A" to By-law No. 2447-136 Page 17 of 19 15.0 PETITIONS AND COMMUNICATIONS 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 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) Petitions designed to be presented to the Council and filed with the Clerk, shall contain original signatures, and all information on the petition, including names, addresses and telephone numbers shall become part of the public record of the meeting at which it is received. c) Communications addressed to Mayor and Members of Council shall be placed an a CouncillCommittee of the Whole agenda, at the Clerk's discretion, for disposition. c} Every communication or petition, to be printed on an agenda, shall be delivered to the Clerk no later than 12:00 noon on the Thursday prior to meeting. If, in the Clerk's opinion, the communicationlpetition is of a time sensitive nature, the Clerk may bring forward such communicationlpetition for Council's consideration, after the aforementioned deadline. 16.0 DEPUTATIONSIDELEGATIONS a) CouncillCommittee will entertain up to three (3} deputationsldelegations per meeting. b} Persons desiring to present information verbally on matters of fact or make a request of CouncillCommittee shall give notice, in writing, to the Clerk by 4:30 p.m. on the Wednesday of the week prior to the preferred meeting, stating the purpose of the Deputation and providing a general outline of the subject matter. c) Council/Committee may, at its sole discretion, entertain deputationsldelegations with less notice as circumstances warrant. d) Deputations shall be limited in speaking to not more than ten (10} minutes. e} A delegation wishing to appear before CouncillCommittee shall be limited to no more than two (2) speakers with a total speaking time of not more than ten (10} minutes. f} Upon consent of the majority of Members of Council present, the ten (10) minute time limit for deputations/delegations may be extended. g) Persons requesting to appear before CouncillCommittee shall be advised of the time limitation in advance of their deputation. h) Specific types of audio visual equipment may be used to assist in deputationsldelegations to CouncillCommittee, provided that such equipment has been requested from the Clerk at the time of the deputation/delegation request. Deputationldelegation material must be provide in an electronic format to the Clerk by 4:30 p.m. on the Monday prior to the meeting date. i) The Chairperson of a Committee Meeting or Council Meeting may expel or exclude from the meeting, any person who in the opinion of the Chairperson, has behaved improperly. j) Deputations/delegations appearing before CouncillCommittee with respect to the same matter on the agenda will be requested to limit their deputation so as not to repeat the same points. k) Deputations/delegations to CouncillCommittee will be limited to one appearance before Council with respect to the same matter. I) Deputations/delegations to CouncillCommittee will be encouraged to provide written copies of presentations. Schedule "A" to By-law Na. 20C?7-136 Page 18 of 19 m) No deputationldelegation shall: i) Speak disrespectfully of any person; ii} Use improper language or unparliamentary language; iii) Speak on any subject other than the subject for which they have received approval to address CouncillCommittee; iv} Disobey the rules of procedure or a decision of the Chair of Council/Committee. n) Upon the completion of comments to CounciUCommittee by a deputation/delegation, any discourse between the members of Council/Committee and the deputationldelegation shall be limited to members asking questions for clarification and obtaining additional, relevant information only. Members of CouncillCommittee shall not enter into debate with the deputationldelegation respecting their comments. 17.0 BY-LAWS a} Every by-law shall be introduced upon motion by a Member of the Council, specifying the title and number 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 completed by the Clerk with the exception of the number and date thereof. c) All amendments to any by-law approved by Council shall be deemed to be incorporated into the by-law and if the by-law is enacted and passed by the Gouncil, the amendments shall be inserted therein by the Glerk. d) Every by-law shall have three readings prior to it being passed. e) The first and second reading of a by-law shall be decided without amendment or debate. f) If the Council determines that the by-law is to be considered in Committee of the Whole, it shall be so considered prior to the third reading thereof. g) If Council so determines, a by-law may be taken as read. h) The Glerk shall set out an all by-laws enacted by Council the date of the several readings thereof. i) 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 Mayor/Head of Council or Chairperson and shall be deposited by the Clerk in the office for safekeeping. j) By-laws approved in accordance with this Procedural By-law will be available on the Township's website once signed by the Mayor and Clerk. 18.4 STANDING/AD HOC COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL a) The provisions of this By-law, with necessary modification, shall apply to StandinglAd Hoc Township Committees or Technical Support Groups and to any other Committees or local boards established by Council from time to time. b) Standing/Ad Hoc Committees or Technical Support Groups wholly within the sphere of the jurisdiction of Council may be established, revised, disbanded and replaced as Gouncil deems necessary. c} All members of such Committees/Technical Support Groups shall be residents within the municipality. Schedule "A" to By-law No. 2UC}7-136 Page 19 of i 9 d} The Mayor shall be an ex-officio member of all Township StandinglAd Hoc Committees and Technical Support Groups where not otherwise prohibited by any Act. e} All members of StandinglAd Hoc Committees ar Technical Support Groups of the Council of the Township of Ora-Medonte shall: i) Not disclose any written or verbal information received at a meeting or part of a meeting closed to the general public; ii) Declare where a conflict of interest or possible conflict of interest exists, and shall not participate in the discussion of or vote on any question with respect to the matter; iii} Convey the position of the CommitteelTechnical Support Group, and Council once a question has been decided, whether they are in favour or opposed. f) Council of the Township of Ora-Medonte, in its sale discretion, may amend the appointment of any public member to a CommitteelTechnical Support Group during its term. 19.0 CONFIRMATION BY-LAW a} 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 ar agency is required. b) A motion for leave to pass a by-law to confirm the proceedings of a meeting of Council shall be voted on without debate. 20A SUSPENSION/AMENDMENT OF PROCEDURE a) Any procedure required by this by-law may be suspended with consent by a 213 vote of the Members of the Council present. b) No amendment or repeal of this By-law or any part thereof shat[ 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.