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2008-109 Govern the Proceedings of Council and Committees/Technical Support Groups of Council in the Township of Oro-MedonteTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-109 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. 2007-136 WHEREAS the Township of Oro-Medonte By-law No. 2007-136, 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 MuniGpai Act, 2001, S. a. 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. 2007-136 so that Council may reflect the current practices, procedures and statutory requirements of Council and Committees of Council; AND WHEREAS Seetian 238(2) of the Municipal Act, 2001, S.O. 2001, e.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, S.(J. 2001, c.25, as amended states that the procedure by-law shall provided for public notice of meetings; NOW THEREFORE the Council of the Township of Ora-Medonte hereby enacts as follows: That the proceedings of Council and its CammitteestTechnical 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 Revised" 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 That By-law No. 2007-136 is hereby repealed in its entirety. 6. This by-law shall take effect an the 1St day of January, 2009. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF DECEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 10T" DAY OF DECEMBER, 2008. - ., _ Clerk, J. ®iauglas Irwin Schedule "A" to By-law Na. 2008-109 Page 2 of 20 Schedule "A" to By-law No. 2008-109 for The Corporation of the Township of Oro-Medonte INDEX 1.0 DEFINITIONS 2A NOTICE OF MEETING 3.0 CALLING, PLACE AND TIME OF MEETINGS 3.1 Inaugural Meeting of Council 3.2 Regular Meeting Schedule of Council/Committee of the Whole 3.3 Council Meetings -Special 3.4 Committee of the Whole Meetings 3.5 Time Meetings to Commence 3.6 Time Meetings to Adjourn 4.0 QUORUM 4.1 Quorum - CounciUCommittee of the Whole 4.2 Quorum -StandinglAd Hoe Committees or Technical Support Groups of Council 4.3 Attendance 4.4 Non-Attendance -StandinglAd Hoc Committees ar Technical Support Groups of Council 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 ?.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 - 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 CouncillChairperson 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 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. 20(78-109 Page 3 of 20 12.0 MOTIONSJRECOMMENDATIONS 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 PUBIC MEETINGS/PUBIC INFORMATION SESSIONS 15.0 PETITIONS AND COMMUNICATIONS 16.0 DEPUTATIONS/DELEGATIONS 17.0 BY-LAWS 18.0 STANDING/AD HOC COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL 19.0 CODE OF CONDUCT FOR STANDING/AD HOC COMMITTEES OR TECHNICAL SUPPORT GROUP APPOINTEES 20.0 CONFIRMATION BY-LAW 21.0 SUSPENSION/AMENDMENT OF PROCEDURE Schedule "A" to By-law Na. 2008-109 Page 4 of 20 SCHEDULE `A' T4 BY-LAW N4. 20Q7-136 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 CouncillCammittee 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) "Chair" means the person presiding over a meeting of a Council ar 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 Clerk 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 Ora- Medante. i) "Deputation/Delegation" means a person or group of persons who address Council on behalf of an individual or a group for 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, 2006. S.O. 2006, c.21, Sched. F, (ii) any day proclaimed by the Head of the Council as a Civic Holiday. I) "Improper Language" means the use of profane, indecent ar obscene language. m) "In Camera" means a meeting, ar portion thereof, closed to the public in accordance with Section 239 of the Municipal Act, 2001, 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 more 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 Committee/Technical 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 Vate" means the recording of the name and vote of every Member on any matter of question. Schedule "A" t© By-law No. 2008-109 Page 5 of 20 s} "Resident" means an individual who resides or rents/owns 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 Gouncil of the Township of Oro- Medonte. v) "Township" means The Corporation of the Township of Oro-Medonte. 2.0 NOTICE OF MEETING a) The Glerk shall ensure that the agenda for each regular meeting of Council and Committee of the Whole shall be posted to the Township website on the morning of the first business day of the week of the meeting. b) Notice of a Special Council Meeting shall be given to the public by posting of the Agenda on 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 or 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, shaiC 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, or information session in the case of severe inclement weather. 3.0 CA<.~ING, PLACE AND TIME 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 far 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 Council. 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-{aw No. 2448-149 Page 6 of 24 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 Gommittee 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 on 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 Whale 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 no meeting the fourth Wednesday of the month. f) Meetings of the Council/Committee of the Whale shall be held at the Township of Oro-Medonte Administration Centre, 148 Line 7 South, Ora or any other location within the municipality otherwise designated from time to time far such purposes. g) In the event that the day scheduled for a regular Council or Gommittee of the Whole meeting is a public holiday, civic holiday, or a day on which a Municipal Election is to be held, the Gouncil shall meet at the same hour on the 1 ~t 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, Gouncil 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 Council. b) Upon receipt of a petition of the majority of the Members of Council, the Clerk shall summon a Special Meeting far 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 or 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 for the Special Meeting. 3.4 Committee of the Whoie Meetings a) 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. Schedule "A" to By-law No. 2dd8-1 dJ Page 7 of 2d 3.5 Time Meetings to Commence As soon after the hour fixed for the Council/Committee of the Whole or CommitteeJTechnical 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. 3.6 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. 4.0 QUQRUM 4.1 Quorum - GounciUCommittee of the Whole a) Four {4) Members of Council shah 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. 4.2 Quorum - StandinglAd Hoc Committees or Technical Support Groups of Council a} A majority of the whole number of members required to constitute the Committee or 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 for a meeting, the Clerk 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. 4.3 Attendance Any member of Council may attend any meeting of any Committee or Technical Support Group to which he/she has not been appointed and such a member shall only participate in the discussion at the invitation of the Chairperson. Such attendance at the CommitteelTechnical Support Group meeting shall be at the member's own discretion and without per diem. 4.4 Non-Attendance -Standing/Ad Hoc Committees or Technical Support Groups of Council a) The seat of a member of Standing/Ad Hac Committee or Technical Support Group shall be declared vacant if the member is absent for three (3) consecutive meetings, without prior approval from Council, with the exception of illness/health reasons. b) If that person is prepared to show just cause why they should remain on the Standing/Ad Hoc Committee or Technical Support Group, the continuation of their appointment shall be determined by Council. c) Members of a Standing/Ad Hoc Committee or Technical Support Group are required to inform the Clerk's office of any anticipated, but unavoidable, absences from upcoming meetings. Schedule "A" to By-law No. 2008-100 Page 8 of 20 5.0 5.1 5.2 OPEN AND CLOSED MEETINGS - GENERA!. Open Meetings All meetings of CouncillCommittee of the Whole and all meetings of any CommitteestTechnical Support Groups of Council shall be open to the public subject to the exceptions listed in Section 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 acquisition/disposition of land by the municipality; iv) labour relations or employee negotiations; v) litigation or potential litigation affecting the municipality, including matters before administrative 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 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; 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; or 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. Schedule "A" to Sy-law No. 2008-109 Page 9 of 20 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 Gouncil. e} Ta 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 conduct of the Members. i) To expel any person far improper conduct. j) Ta call by name any Member persisting in breach of the rules of order of the Council, thereby ordering himlher 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. 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 Council Chamber. 6.3 Vacate the Chair -Head of Council a} If the Head of Gouncil desires to introduce a motion or by-law, helshe shall leave the Chair far that purpose only, and shall call on another Member of Council to fill hislher place until helshe resumes the Chair. 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 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 Head of Council. 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 Council 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. Schedule "A" to By-law Na. 2008-109 Page 10 of 20 c) While presiding, the Deputy Mayor or Chairperson chosen by Council shall have all the powers of the Head of Council and shall be entitled to vote as a Member. 7.0 CHAIRPERSON OF COMMITTEE OF THE WHOLE The Head of Council 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. ?.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 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 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, 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 or Deputy Mayor. b) While presiding, the Deputy Mayor or Chairperson chosen by Committee of the Whole shall have all the powers of the MayorlChairperson 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 -STANDING/AD HOC COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL The Chairperson of a Standing/Ad Hoc Committee or Technical Support Group of Council shall be appointed by Council. 8.1 Absence from Standing/Ad 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 Committee/Technical Support Group to preside during the meeting or until the arrival of the Chairperson. b) The Chairperson of a Committee/Technical Support Group may appoint another member of the Committee to act as the Chairperson while he/she is temporarily absent from the meeting. Schedule "A" to By-law No. 2008-109 Page 11 of 20 9.0 CONDUCT 9.1 Conduct -Members of Council Members of Council shall: a) not disturb another, ar the Council itself, by any disorderly deportment disconcerting to any Member speaking. b) not resist the rules of Council or disobey the decision of the Mayor/Head of Council or Chairperson on questions of order or practice or upon the interpretations of the rules of order of the Council. c} not be permitted to retake his/her seat at any meeting after being ordered by the MayorlHead of Council or Chairperson to vacate after committing a breach of any rule of order of the Council, without making apology and the consent of the Gauncil expressed by a majority vote of the other Members present, determined without debate. d) not leave hisJher place on adjournment until the Mayor/Head of Council or Chairperson leaves his chair. e) not speak until he/she has addressed himself to the MayorlHead of Council ar Chairperson. f} not walk across ar out of the Chamber or make any noise or disturbance when the Mayor/Head of Council or 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 ar part of a meeting closed to the general public. h) 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. 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 CauncillGommittee 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 Council/Committee and shall refrain from public outbursts; shouting; or behaviour intended to disrupt the debate, discussion and/or general proceedings of Council/Committee. The Mayor or Chair may request that a member or 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 CounciUChairperson In directing the course of debate, the Head of Council/Chairperson 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 motionslrecommendations presented verbally before permitting debate on the question, except when otherwise provided in this by-law. Schedu{e "A" tQ By-law No. 248-1t}9 Page 12 of 20 10.2 Rules of Debate -Members In addressing the Council/Committee of the Whale, na 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 ar insulting language in or against the Council or any member thereof, employees of the Township ar citizens of the Township. c) speak beside the questian in debate. d) criticize any decision of Council/Committee except for the purpose of moving that the questian be reconsidered. e} disobey the rules of Council/Committee or a decision of the Head of Council/Chairperson an questions out of order ar practice, or upon the interpretation of the rules of the Council/Committee. i0.3 Rules of Debate - In CouncilJCommittee 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 shall pass between him/her and the Chairperson, or interrupt him/her except to raise a point of order. c} Any member may require the question ar 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 Council/Committee, a supplementary question with a further 1 (one} minute, may be granted. (i} A member may ask a question only far 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 or assertions. 11.0 VOTING 11.1 Voting -Head of Council The Mayor/Head of Council (except where disqualified from voting by reason of interest ar otherwise} may vote with the Members an 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 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 committee/technical support group on any question. Schedule "A" to By-law Na. 2008-109 Page 13 of 20 11.4 Voting on Questions a} When the Mayor/Head of Council ar 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/Head of Council or Chairperson. During such time no member shall walk across the roam or speak to any other member or make any noise or disturbance. b) After a question is finally put by the Mayor/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. c} Every member present at a meeting of the CaunciUCommittee, when a question is put, shall vote thereon, unless he/she has declared any pecuniary interest, director indirect in the question. d) The manner of determining the decision of the Council an 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. 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 an a question disagrees with the declaration of the MayorlHead of Council or Chairperson that the question is carried, or lost, he/she may, but only immediately after the declaration by the MayorlHead of Council or Chairperson, appeal the declaration. On an appeal by a member, the Mayor/Head of Council or 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. 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 CommitteeJTechnical Support Group of Council shall be to the Mayor/Head of Council in Council. 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. b) The Mayor/Head of Council or Chairperson, immediately following the request for 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 MayorlHead of Council or Chairperson. d} The MayorlHead of Council or Chairperson shall vote last. Schredule "A" to By-law No. 20x8-109 Page i 4 of 20 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 MOTIONSIREGOMMENDATIt)NS 12.1 MotionslRecommendations -General a) MotionsJrecommendations, or notices thereof, shall be in writing, moved and seconded. b) Every motion/recommendation, when duly moved and seconded, shall be received by the MayorJHead 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 MayorJHead of Council or Chairperson, may state the question in the form introduced and shall do sa if required by a Member. Helshe shall state the question in the precise farm 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 ar 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 mare 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 ante, without leave from the MayorJHead of Council or 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 andJor read by the Mayor/Head of Council 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 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. Schedule "A" to By-law Na, 2008-109 Page 15 of 20 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 shah 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 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 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: 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 motion may be reconsidered and no further discussion of the main motion may take place mare than once in a ninety-day period. 13.0 AGENDA AND MINUTES 13.1 Council Agenda a) The Clerk shall forward all notices and agendas, to each member of Council, far 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 MayorlHead of Council ar 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 Sy-law No. 2008-109 Page 16 of 20 Order of the Day The business of Cauncil ahall be taken up in the following order: 1. Opening of Meeting by the Mayor 2. Prayer/ContemplationlReflection 3. Notice of Additions 4. Adoption of the Agenda 5. Disclosure of Pecuniary Interest 6. Minutes of Previous Meetings of Cauncil 7. Recognition of Achievements 8. Public Meetings 9. Deputations 10. Reports of Municipal Officers 11. Reports of Members of Cauncil 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" 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. This shall include all 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 retard, without note or comment: a) the plate, 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 MEETINGSIPUBUC INFORMATION SESSIONS 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, ar 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. 2008-109 Page 17 of 20 15.0 PETITIONS AND COMMUNICATIONS a) Every communicc;tipn, 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 ar 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 on a CounciVCommittee of the Whole agenda, at the Clerk's discretion, far disposition. c) Every communication or petition, to be printed on an agenda, shall be delivered to the Clerk na later than 12:00 noon on the Thursday prior to meeting. If, in the Clerk's opinion, the communicatianfpetition is of a time sensitive nature, the Clerk may bring forward such cammunicationlpetition for Council's consideration, after the aforementioned deadline. 16.0 DEPUTATIONSIDE~EGATIONS a) Council/Committee will entertain up to three (3} deputations/delegations per meeting. b) Persons desiring to present information verbally an matters of factor make a request of CounciUCommittee shall give notice, in writing, to the Clerk by 4:30 p.m. an 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 deputations/delegations 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 Council/Committee shall be limited to no more than two (2) speakers with a total speaking time of not mare than ten (10) minutes. f) Upon consent of the majority of Members of Council present, the ten (10) minute time limit far 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 deputations/delegations to Council/Committee, provided that such equipment has been requested from the Clerk at the time of the deputation/delegation request. Deputation/delegation material must be provide in an electronic format to the Clerk. by 4:30 p.m. on the Monday prior to the meeting date. 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. Deputations/delegations appearing before Council/Committee 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 Council/Committee will be limited to one appearance before Council with respect to the same matter. I) Deputations/delegations to Council/Committee will be encouraged to provide written copies of presentations. Schedule "A" to By-law No. 2008-149 Page 18 of 20 m) No deputation/delegation 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 CouncillCommittee. n) Upan the completion of comments to CouncillCommittee by a deputationldelegation, any discourse between the members of Council/Committee and the deputationldelegation shall be limited to members asking questions far clarification and obtaining additional, relevant information only. Members of CouncillCammittee 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 ar 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 Gauncil shall be deemed to be incorporated into the by-law and if the by-law is enacted and passed by the Council, the amendments shall be inserted therein by the Clerk. d) Every by-law shall have three readings prior to it being passed. e) The first and second reading of a by-law shat! be decided without amendment ar debate. f) If the Council determines that the by-law is to be considered in Committee of the Whole, it shall be sa considered prior to the third reading thereof. g) If Gouncil so determines, a by-law may be taken as read. h) The Clerk shall set out on 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. 18.0 STANDING/AD HOC CC~MMIITEES OR TECHNICAL SUPPQRT GROUPS OF CCIUNCI~ a) The provisions of this By-law, with necessary modification, shall apply to Standing/Ad Hoc Township Committees or Technical Support Groups and to any other Committees or local boards established by Council from time to time. b) StandingJAd Hac Committees or Technical Support Groups wholly within the sphere of the jurisdiction of Council may be established, revised, disbanded and replaced as Council deems necessary. c) All members of such Committees/Technical Support Groups shall be residents within the municipality. Schedule "A" to By-law No. 2008-109 Page 19 of 20 d} The Mayor shall be an ex-officio member of all Township Standing/Ad Hoc Committees and Technical Support Groups where not atrerwise prohibited by any .pct. e) Council of the Township of Oro-Medonte, in its sole discretion, may amend the appointment of any public member to a Gommittee/Technical Support Group during its term. 19.0 CODE OF CONDUCT FOR STANDINGIAD HOC GOMMIITEES OR TECHNICAL SUPPORT GROUP APPOINTEES Statement Persons appointed to Standing/Ad Hoc Township Committees or Technical Support Groups are representatives of the Township and their conduct reflects on the Township and the Gouncil. Council expects that Appointees will perform their duties with a high standard of personal and professional conduct, integrity, impartiality, good faith and in ttae best interests of the Township. The Township is committed to providing a safe and secure workplace that respects human rights and is free from violence, discrimination, threats and harassment. The Township will not tolerate any action or failure to act which results in violence, discrimination, threat, harassment or a violation of the human rights of any employee, or persons appointed to Standing/Ad Hoc Committees or Technical Support Groups. Principles of Conduct a} All members of Standing/Ad Hoc Committees pr Technical Support Groups of the Gouncil of the Township of Oro-Medonte shall: i) Promote the general goals, objectives and policies of the Township. ii} Convey the position of the CommitteelTechnical Support Group, and Council once a question has been decided, whether they are in favour or opposed. iii} Not disclose any written or verbal information received at a meeting or part of a meeting closed to the general public; iv) 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; v) Not discriminate ar harass another member of Council, StandinglAd Hoc Committees, Technical Support Groups, staff or public. vi) Not benefit from the use of information acquired or used, and that is not generally available to the public, during the course of their duties. vii) Council Appointees, their immediate family and family members residing in their households may not sell goods, materials or services to the Township without the express permission of the Chief Administrative Officer. viii) Not place themselves in a position where they could derive any benefit or gain from any Township contracts, persons, groups, companies or organizations with which the Township does business. ix) Not accept gifts that are given in anticipation of special consideration by the Township. Consequences for Violations of Code of Conduct All reports of incidents shall be considered serious, will be investigated and appropriate action will be taken, up to and including removal from the Standing/Ad Hoc Township Committee or Technical Support Group. Schedule "A" to By-law No. 2008-109 Page 20 of 20 20.0 CONFIRMATION BY-LAW a) There shall be enacted a by-law at the end of each Counci! 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. b} A motion for leave to pass a by-law to confirm the proceedings of a meeting of Council shall be voted an without debate. 21.0 SUSPENSIONIAMENDMENT OF PROCEDURE a) Any procedure required by this by-law may be suspended with consent by a 2/3 vote of the Members of the Council present. b} No amendment or repeal of this By-law or any part thereof shall be considered at any meeting of the Council unless native 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.