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2010-080 Procedural By-lawTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-080 A By-law to Govern the Proceedings of Council and Committees/Technical Support Groups of Council in the Township of Oro-Medonte and to Repeal By-law No. 2008-109 WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 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, S.O. 2001, c.25, as amended states that the procedure by-law shall provided for public notice of meetings; AND WHEREAS the Township of Oro-Medonte By-law No. 2008-109, 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.O.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. 2008-109 so that Council may reflect the current practices, procedures and statutory requirements of Council and Committees of Council; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That the proceedings of Council and its Comm ittees/Technical 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 for 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 That By-law No. 2008-109 is hereby repealed in its entirety. 6. This by-law shall take effect on the 17th day of May, 2010. BY-LAW READ A FIRST AND SECOND TIME THIS 12TH DAY OF MAY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF MAY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ayor, H.S. g es ~n A De uty Clerk, Janette Teeter Schedule "A" to By-law No. 2010-080 Page 2 of 21 Schedule "A" to By-law No. 2010-080 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 Council/Committee of the Whole 3.3 Council Meetings - Special 3.4 Committee of the Whole Meetings 3.5 Committees or Technical Support Groups of Council Meetings 3.6 Time Meetings to Commence 3.7 Clerk Required 3.8 Time Meetings to Adjourn 4.0 QUORUM 4.1 Quorum - Council/Committee of the Whole 4.2 Quorum - Committees or Technical Support Groups of Council 4.3 Attendance 4.4 Non-Attendance - Committees or Technical Support Groups of Council 5.0 OPEN AND CLOSED MEETINGS - GENERAL 5.1 Open Meetings 5.2 Closed Session Meetings 6.0 HEAD OF COUNCIL 6.1 Chair - Council 6.2 Duties of Head of Council 6.3 Vacate the Chair - Head of Council 6.4 Absence from Council Meeting 7.0 CHAIR OF COMMITTEE OF THE WHOLE 7.1 Duties of Chair of Committee of the Whole 7.2 Vacate the Chair - Chair of Committee of the Whole 7.3 Absence from Committee of the Whole Meeting 8.0 CHAIR - COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL 8.1 Absence from 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 Council/Chair 10.2 Rules of Debate - Members 10.3 Rules of Debate - In Council/Committee 11.0 VOTING 11.1 Voting - Head of Council 11.2 Voting - Chair of Committee of the Whole 11.3 Voting - Chair of 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 Session Meeting Schedule "A" to By-law No. 2010-080 Page 3of21 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 DEPUTATIONS/DELEGATIONS 17.0 BY-LAWS 18.0 COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL 19.0 CODE OF CONDUCT FOR COMMITTEES OR TECHNICAL SUPPORT GROUP APPOINTEES 20.0 CONFIRMATION BY-LAW 21.0 SUSPENSION/AMENDMENT OF PROCEDURE Schedule "K to By-law No. 2010-080 Page 4 of 21 1.0 DEFINITIONS That in this By-law: a) "Closed Session" means a meeting, or portion thereof, closed to the public in accordance with Section 239 of the Municipal Act, 2001, as amended. b) "Committee" means an advisory committee or technical support group of Council or similar entity, and may include the Committee of the Whole. c) "Agenda" means a list of all items 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 or Comm ittee/Technical Support Group. e) "Clerk" means the Clerk of the Township of Oro-Medonte, or the Deputy Clerk, or the Committee Coordinator, acting in the capacity of the Clerk in his/her 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 Oro- Medonte. i) "Deputation/Delegation" means a person or group of persons who address Council/Committee on behalf of an individual or a group for the purpose of making a presentation. 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. 1) "Improper Language" means the use of profane, indecent or obscene language. m) "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. n) "Meeting" means any regular, special, committee or other meeting of Council, or a local board or of a committee of either of them. o) "Member" means a member of the Council, including the Head of Council, or a member which Council has appointed to a Comm ittee/Technical Support Group. p) "Notice of Motion" means an advance notice to members of a matter on which Council will be asked to take a position. q) "Recorded Vote" means the recording of the name and vote of every Member on any matter of question. r) "Resident" means an individual who resides or rents/owns property within the boundaries of the Township. Schedule "A" to By-law No. 2010-080 Page 5 of 21 s) "Special Meeting" means a meeting not scheduled in accordance with the approved schedule of meetings. t) "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. u) "Township" means The Corporation of the Township of Oro-Medonte. 2.0 NOTICE OF MEETING a) The Clerk shall ensure that the agenda for each regular meeting of Council and Committee 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 Chair 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, 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, or information session in the case of severe inclement weather. 3.0 CALLING, PLACE AND TIME OF MEETINGS 3.1 Inaugural Meeting of Council a) The Inaugural Meeting of Council shall take place at 6:00 p.m. on the first Wednesday 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 6:00 p.m. or on such other day as may be determined from time to time. 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. Schedule "A" to By-law No. 2010-080 Page 6of21 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 6:00 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 Council meeting 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 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 6:00 p.m. iii) A Council meeting 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 shall 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 meeting is a public holiday, civic holiday, or a day on which a Municipal Election is to be held, the Council/Committee shall meet at the same hour on the 1St day thereafter, unless otherwise provided by resolution. h) Where a Regular meeting of Council or Committee 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 Council. b) Upon receipt of a petition of the majority of the Members of Council, the Clerk shall summon a Special Meeting for the purpose and at the time mentioned in the petition. c) 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 Whole 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. 2010-080 Page 7 of 21 3.5 Committees or Technical Support Groups of Council Meetings a) The provisions of this By-law, with necessary modification, shall apply to Township Committees or Technical Support Groups and to any other Committees or local boards established by Council from time to time. b) Meetings of Committees or Technical Support Groups of Council shall be scheduled by the Township. 3.6 Time Meetings to Commence a) As soon after the hour fixed for the Council/Committee of the Whole or Comm ittee/Technical Support Group meeting as there is a quorum present, the Head of Council or Chair shall take the chair and call the Members to order. 3.7 Clerk Required a) No meeting of Council, Committee or Technical Support Group shall be held in the absence of the Clerk or his/her designate. 3.8 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 10:00 p.m. unless this rule is temporarily suspended by resolution of the majority of the Members present. 4.0 QUORUM 4.1 Quorum - Council/Committee of the Whole a) Four (4) Members of Council shall constitute a quorum. b) Where quorum is not present within thirty minutes of the time appointed for a meeting, the Clerk shall call the roll and record the names of the Members present. The meeting shall stand adjourned until the next regular meeting or until a Special Meeting is called. 4.2 Quorum - Committees or Technical Support Groups of Council a) A majority of the whole number of voting members required to constitute the Committee or Technical Support Group shall be necessary to form a quorum (being the next whole number in excess of one-half the number of members). 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 Chair 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 Chair. Such attendance at the Comm ittee/Technical Support Group meeting shall be at the member's own discretion and without per diem. Schedule "A" to By-law No. 2010-080 Page 8of21 4.4 5.0 5.1 5.2 Non-Attendance - Committees or Technical Support Groups of Council a) The seat of a member of a 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 Committee or Technical Support Group, the continuation of their appointment shall be determined by Council. c) Members of a Committee or Technical Support Group are required to inform the Clerk's office of any anticipated, but unavoidable, absences from upcoming meetings. OPEN AND CLOSED MEETINGS - GENERAL 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. Closed Session Meetings 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 (may be cited as "security of municipal property"); ii) personal matters about an identifiable individual, including municipal employees (may be cited as "personal matters about an identifiable individual"); iii) the proposed or pending acquisition/disposition of land by the municipality (may be cited as "acquisition/disposition of land"); iv) labour relations or employee negotiations (may be cited as "labour relations/employee negotiations"); v) litigation or potential litigation affecting the municipality, including matters before administrative tribunals (may be cited as "litigation affecting the municipality"); vi) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (may be cited as "solicitor-client privilege"); 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 (may be cited as "education or training of members"). 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. Schedule "A" to By-law No. 2010-080 Page 9of21 6.0 6.1 6.2 HEAD OF COUNCIL Chair - Council The Head of Council shall assume the duties of Chair during Council Meetings. Duties of Head of Council a) The Head of Council shall preserve order and decorum, decide questions of order (subject to an appeal to the Council by any Member) and, without unnecessary comment, cite the rule of authority commonly accepted (under parliamentary procedures) applicable to the case, if called upon to do so. b) To open the meeting of Council by taking the chair and calling the Members to order. c) To announce the business before the Council in the order in which it is to be acted upon. d) To receive and submit, in the proper manner, all motions presented by the Members of Council. e) To put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the results. f) To decline to put to vote motions which infringe on the rules of procedure. g) To restrain the Members, within the rules of order, when engaged in debate. h) To enforce, on all occasions, the conduct of the Members. i) To expel any person for improper conduct. j) To call by name any Member persisting in breach of the rules of order of the Council, thereby ordering him/her to vacate the Council Chamber. k) To receive all messages and other communications and announce them to the Council. I) To authenticate, by his/her signature when necessary, all by-laws, resolutions and minutes of the Council. m) To represent and support the Council, declaring its decision in all things. n) To ensure that the decisions of Council are in conformity with the laws and by-laws governing activities of the Council. 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 Council desires to introduce a motion or by-law, he/she shall leave the chair for that purpose only, and shall call on another Member of Council to fill his/her place until he/she resumes the chair. Schedule "A" to By-law No. 2010-080 Page 10 of 21 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. c) While presiding, the Deputy Mayor or Chair chosen by Council shall have all the powers of the Head of Council and shall be entitled to vote as a Member. 7.0 CHAIR OF COMMITTEE OF THE WHOLE The Head of Council shall assume the duties of Chair during Committee of the Whole Meetings. 7.1 Duties of Chair of Committee of the Whole The Chair of Committee of the Whole shall maintain order in the Committee and report the proceedings to the Council. 7.2 Vacate the Chair - Chair of Committee of the Whole a) During Committee of the Whole Meetings, the Chair may appoint a member of the Committee to take the chair, and the Chair may then vacate the chair. b) A motion in Committee of the Whole that the Chair 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/Chair, 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/Chair. 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 Chair 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 Chair chosen by Committee of the Whole shall have all the powers of the Mayor/Chair and shall be entitled to vote as a Member. c) The Mayor/Head of Council may designate any Member of Council to act as Chair. While presiding, the Chair shall have all of the powers of the Mayor/Chair and shall be entitled to vote as a Member. Schedule "A" to By-law No. 2010-080 Page 11 of 21 8.0 CHAIR - COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL The Chair of a Committee or Technical Support Group of Council shall be appointed by Council. 8.1 Absence from Committee or Technical Support Group Meeting a) In the absence of the Chair, a Chair shall be chosen from among the members of the Committee/Technical Support Group to preside during the meeting or until the arrival of the Chair. b) The Chair of a Committee/Technical Support Group may appoint another member of the Committee to act as the Chair while he/she is temporarily absent from the meeting. 9.0 CONDUCT 9.1 Conduct - Members of Council Members of Council shall: a) not disturb another, or 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 Chair 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 Mayor/Head of Council or Chair 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 his/her place on adjournment until the Mayor/Head of Council or Chair leaves his/her chair. e) not speak until he/she has addressed himself to the Mayor/Head of Council or Chair. f) not walk across or out of the Chamber or make any noise or disturbance when the Mayor/Head of Council or Chair 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 pecuniary interest or possible pecuniary 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, while demonstrating respect for democracy. j) adhere to a dress code for Council/Committee of the Whole Meetings as agreed to by the current term of Council. Schedule "A" to By-law No. 2010-080 Page 12 of 21 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 Council/Chair In directing the course of debate, the Head of Council/Chair 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 motions/recommendations presented verbally before permitting debate on the question, except when otherwise provided in this by-law. 10.2 Rules of Debate - Members In addressing the Council/Committee, no member shall: a) speak disrespectfully of Her Majesty the Queen or any of the Royal Family, or of the Governor-General, Lieutenant-Governor or any member of the Senate, the House of Commons of Canada, or the Legislative Assembly of Ontario. b) use offensive, insulting or improper 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/Chair on questions out of order or practice, or upon the interpretation of the rules of the Council/Committee. 10.3 Rules of Debate - In Council/Committee a) Every member when speaking to any question or motion shall respectfully address the Mayor/Head of Council or Chair. b) When a member is speaking, no other member shall pass between him/her and the Chair, or interrupt him/her except to raise a point of order. 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. Schedule "A" to By-law No. 2010-080 Page 13 of 21 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 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 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 or otherwise) may vote with the Members on all questions. 11.2 Voting - Chair of Committee of the Whole The Chair 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 - Chair of Committee or Technical Support Group of Council Members of Council sitting as members of Committees or Technical Support Groups of Council may not vote with the members of the committee/technical support group on any question. 11.4 Voting on Questions a) When the Mayor/Head of Council or Chair 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 Chair. During such time no member shall walk across the room or speak to any other member or make any noise or disturbance. b) After a question is finally put by the Mayor/Head of Council, Chair 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 Council/Committee, when a question is put, shall vote thereon, unless he/she has declared any pecuniary interest, direct or indirect in the question. d) The manner of determining the decision of the Council/Committee on a motion shall be by a "show of hands". e) Any motion shall require four affirmative votes in order to be valid and binding on Council. Where only a quorum is present, a resolution/recommendation, in order to carry or be passed, must be affirmed by the majority of the quorum. 11.5 Failure to Vote Failure to vote by any member present, except when a member has declared a pecuniary interest, shall be taken as a negative vote. 11.6 Appeal of Declaration of Result a) Council/Committee of the Whole and Committees or Technical Support Groups of Council Meetings If a member who has voted on a question disagrees with the declaration of the Mayor/Head of Council or Chair that the question is carried, or lost, he/she may, but only immediately after the declaration by the Mayor/Head of Council or Chair, appeal the declaration. On an appeal by a member, the Mayor/Head of Council or Chair shall call for a recorded vote to be taken on the question in the manner prescribed in Section 11.8 of this By- law. Schedule "K to By-law No. 2010-080 Page 14 of 21 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 Chair, 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 Mayor/Head of Council or Chair. d) The Mayor/Head of Council or Chair shall vote last. 11.9 Voting - Closed Session 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 MOTIONS/RECOMMENDATIONS 12.1 Motions/Recommendations - General a) Motions/recommendations, or notices thereof, shall be in writing, moved and seconded. b) Every motion/recommendation, when duly moved and seconded, shall be received by the Mayor/Head of Council or Chair, and shall then be open for discussion prior to the vote being taken. Immediately preceding the taking of the vote, the Mayor/Head of Council or Chair, may state the question in the form introduced and shall do so if required by a Member. He/she shall state the question in the precise form in which it will be recorded in the minutes. c) The following matters may be introduced orally, without written notice, and without leave: (i) a point of order or personal privilege (ii) presentations of petitions (iii) a motion to suspend a rule of procedure or in compliance with a rule of procedure (iv) a motion to adjourn (not debatable) (v) a motion that the vote now be taken (vi) a motion that the Council resolve itself into a Committee of the Whole (not debatable) Schedule "A" to By-law No. 2010-080 Page 16 of 21 13.0 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) In accordance with the Township's Accountability and Transparency Policy, additions to the agenda shall not be permitted, except when a matter is of a time sensitive. In the event of a matter of a time sensitive nature, the Member shall provide the matter to the Clerk, along with justification as to why the matter is of a time sensitive nature, by noon on the day of an evening meeting or noon of the day prior to a day meeting. If the Clerk, Mayor/Head of Council and Chief Administrative Officer are satisfied that the matter is of a time sensitive nature, and should not wait until the next regular meeting, the Clerk shall add the matter to the agenda on the Township's website in advance of the meeting. The matter will then be included in the Adoption of the Agenda motion. c) For the purpose of this section, a matter is deemed to be of a time sensitive nature when it will negatively impact the health, safety and well- being of persons, expose the municipality to liability, or negatively impact the municipality's position in negotiation, if Council does not make a decision and the Township does not act on the matter prior to Council's next regular meeting. d) When the Clerk's office has not been advised in a timely fashion to permit a matter to be included on the agenda, and such matter does not meet the definition of a matter of a time sensitive nature as defined in Section 13.1 c), the matter shall be referred to the appropriate staff member for consideration prior to being brought forward for Council's consideration. e) The Order of the Day shall have preference during the Council meeting, save and except that the Mayor/Head of Council may change the order at any time during the meeting. Order of the Day The business of Council shall be taken up in the following order: 1. Call to Order - Private Prayer/Moment of Reflection 2. Adoption of the Agenda 3. Disclosure of Pecuniary Interest 4. Minutes of Council 5. Minutes of Committees 6. Recognition of Achievements 7. Public Meetings 8. Deputations 9. Reports of Municipal Officers 10. Reports of Members of Council 11. Consent Agenda 12. Communications 13. Notice of Motions 14. Closed Session Items 15. By-laws 16. Confirmation By-law 17. Announcements of Interest to the Public 18. Questions from the Public Clarifying an Agenda Item 19. Adjournment Schedule "A" to By-law No. 2010-080 Page 18 of 21 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 on a Council/Committee of the Whole agenda for disposition, at the Clerk's discretion, in consultation with the Mayor/Head of Council and Chief Administrative Officer. e) Every communication or petition, to be printed on an agenda, shall be delivered to the Clerk no later than 4:30 p.m. on the Wednesday prior to meeting. If, in the Clerk's opinion, the communication/petition is of a time sensitive nature, the Clerk may bring forward such communication/petition for Council's consideration, after the aforementioned deadline. 16.0 DEPUTATIONS/DELEGATIONS a) Council/Committee will entertain up to three (3) deputations/delegations per meeting. b) Persons desiring to present information verbally on matters of fact or make a request of Council/Committee shall give notice, in writing on the prescribed form, 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) No additional deputations to Council will be permitted with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act. d) Council/Committee may, at its sole discretion, entertain deputations/delegations with less notice as circumstances warrant. When determining if a deputation/delegation will be heard with less notice than stipulated in Section 16 b), consideration shall be given to the Township's Accountability and Transparency Policy. e) Deputations shall be limited in speaking to not more than ten (10) minutes. f) 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 more than ten (10) minutes. g) Upon consent of the majority of Members present, the ten (10) minute time limit for deputations/delegations may be extended. h) Persons requesting to appear before Council/Committee shall be advised of the time limitation in advance of their deputation. i) 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. j) The Chair of a Committee Meeting or Council Meeting may expel or exclude from the meeting, any person who in the opinion of the Chair, has behaved improperly. k) 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. Schedule "A" to By-law No. 2010-080 Page 19 of 21 I) Deputations/delegations to Council/Committee will be limited to one appearance before Council/Committee with respect to the same matter. m) Deputations/delegations to Council/Committee will be encouraged to provide written copies of presentations. n) 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 Council/Committee; iv) Disobey the rules of procedure or a decision of the Chair of Council/Committee. o) Upon the completion of comments to Council/Committee by a deputation/delegation, any discourse between the members of Council/Committee and the deputation/delegation shall be limited to members asking questions for clarification and obtaining additional, relevant information only. Members of Council/Committee shall not enter into debate with the deputation/delegation 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 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, second and third readings of all by-laws listed on an agenda, with the exception of the Confirmation By-law, shall be the subject of one motion, unless a separate vote is requested by a Member of Council, or deemed appropriate by the Clerk. 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 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 Chair 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/Chair and Clerk. 18.0 COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL a) 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. Schedule "A" to By-law No. 2010-080 Page 20 of 21 b) All members of such Comm ittees/Technical Support Groups shall be residents within the municipality. c) The Mayor shall be an ex-officio member of all Township Committees and Technical Support Groups where not otherwise prohibited by any Act. d) Council of the Township of Oro-Medonte, in its sole discretion, may amend the appointment of any public member to a Comm ittee/Technical Support Group during its term. 19.0 CODE OF CONDUCT FOR COMMITTEES OR TECHNICAL SUPPORT GROUP APPOINTEES Statement Persons appointed to Township Committees or Technical Support Groups are representatives of the Township and their conduct reflects on the Township and the Council. Council expects that Appointees will perform their duties with a high standard of personal and professional conduct, integrity, impartiality, good faith and in the 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 Committees or Technical Support Groups. Principles of Conduct a) All members of Committees or Technical Support Groups of the Council of the Township of Oro-Medonte shall: i) Promote the general goals, objectives and policies of the Township. ii) Convey the position of the Comm ittee/Technical Support Group, and Council once a question has been decided, whether they are in favour or opposed while demonstrating respect for democracy. 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 pecuniary interest or possible pecuniary interest exists, and shall not participate in the discussion of or vote on any question with respect to the matter; v) Not discriminate or harass another member of Council, 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 Township Committee or Technical Support Group. Schedule "K to By-law No. 2010-080 Page 21 of 21 20.0 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 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 on without debate. 21.0 SUSPENSION/AMENDMENT 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 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.