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2011-011 Procedural By-lawTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -11 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. 2010 -080 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 provide for public notice of meetings; AND WHEREAS the Township of Oro - Medonte By -law No. 2010 -080, being a by -law to govern the proceedings of Council and Comm ittees/Technical Support Groups 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. 2010 -080 so that Council may reflect the current practices, procedures and statutory requirements of Council and Committees/Technical Support Groups of Council; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the proceedings of Council and its Committees/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 That By -law No. 2010 -080 is hereby repealed in its entirety. 6. This by -law shall take effect on the 31St day of January, 2011. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26th DAY OF JANUARY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hhbhes 11. Schedule "A" to By -law No. 2011 -011 Page 2 of 23 Schedule "A" to By -law No. 2011 -11 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 3.3 Council Meetings - Special 3.4 Committees or Technical Support Groups of Council Meetings 3.5 Time Meetings to Commence 3.6 Clerk Required 3.7 Time Meetings to Adjourn 4.0 QUORUM 4.1 Quorum - Council 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 Chair 6.3 Vacate the Chair - Head of Council 6.4 Absence from Council Meeting 7.0 CHAIR - COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL 7.1 Absence from Committee or Technical Support Group Meeting 8.0 CONDUCT 8.1 Conduct - Members of Council 8.2 Conduct - Committees or Technical Support Group Appointees 8.3 Conduct - Members of the Public 9.0 RULES OF DEBATE 9.1 Rules of Debate - Head of Council /Chair 9.2 Rules of Debate - Members 9.3 Rules of Debate - In Council /Committee 10.0 VOTING 10.1 Voting - Head of Council 10.2 Voting - Chair of Committee or Technical Support Group of Council 10.3 Voting on Questions 10.4 Failure to Vote 10.5 Appeal of Declaration of Result 10.6 Equality of Votes 10.7 Recorded Vote 10.8 Voting - Closed Session Meeting 11.0 MOTIONS /RECOMMENDATIONS 11.1 Motions /Recommendations - General 11.2 Withdrawal of a Motion 11.3 Motion to Amend 11.4 Notice of Motion 11.5 Motion to Reconsider Schedule "A" to By -law No. 2011 -011 Page 3 of 23 12.0 AGENDA AND MINUTES 12.1 Council Agenda 12.2 Committee Agenda 12.3 Verbal Matters 12.4 Announcements 12.5 Minutes — Council and Committee 13.0 PUBLIC MEETINGS /PUBLIC INFORMATION SESSIONS 14.0 PETITIONS AND COMMUNICATIONS 15.0 DEPUTATIONS /DELEGATIONS 16.0 BY -LAWS 17.0 CONFIRMATION BY -LAW 18.0 SUSPENSION /AMENDMENT OF PROCEDURE Schedule "A" to By -law No. 2011 -011 Page 4 of 23 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. 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 Committee/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, or a person who the Clerk has delegated authority to in accordance with Section 228(4) of the Municipal Act, 2001, as amended. f) "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. g) "Council' means the Council of The Corporation of the Township of Oro - Medonte. h) "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. i) "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. j) "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. k) "Improper Language" means the use of profane, indecent or obscene language. 1) "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. m) "Meeting" means any regular, special, committee or other meeting of Council, or a local board or of a committee of either of them. n) "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. o) "Notice of Motion" means an advance notice to members of a matter on which Council will be asked to take a position. Schedule "A" to By -law No. 2011 -011 Page 5 of 23 p) "Recorded Vote" means the recording of the name and vote of every Member on any matter of question. q) "Resident" means an individual who resides or rents /owns property within the boundaries of the Township. r) "Special Meeting" means a meeting not scheduled in accordance with the approved schedule of meetings. s) "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. t) "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, whenever possible, 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 7:00 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. c) That prior to the commencement of the first meeting of the newly elected Council, the Clerk in consultation with the Mayor, shall establish the seating arrangement to be used for the Term of Council, or portion thereof. 3.2 Regular Meeting Schedule of Council The regular schedule of meetings for the Council of The Corporation of the Township of Oro - Medonte shall be: a) Council Meetings on the first, second and fourth Wednesday of each month (except January, July August and December — as defined further in this section). Schedule "A" to By -law No. 2011 -011 Page 6 of 23 b) The public session meeting on the first Wednesday of the month will commence at 10:00 a.m. The meeting may commence up to 1 hour earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 10:00 a.m. public session, Council will rise and recess and reconvene at 10:00 a.m. for the reporting of the Closed Session Items during the public session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting agenda. c) The public session meetings on the second and fourth Wednesdays of the month will commence at 7:00 p.m. The meeting may commence up to 1 hour earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 7:00 p.m. public session, Council will rise and recess and reconvene at 7:00 p.m. for the reporting of the Closed Session Items during the public session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting agenda. d) 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. The meeting may commence up to 1 hour earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 7:00 p.m. public session, Council will rise and recess and reconvene at 7:00 p.m. for the reporting of the Closed Session Items during the public session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting agenda. e) 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 with the public session commencing at 10:00 a.m. The meeting may commence up to 1 hour earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 10:00 a.m. public session, Council will rise and recess and reconvene at 10:00 a.m. for the reporting of the Closed Session Items during the public session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting agenda. f) During the month of December, meetings shall be held as follows: i) The public session meeting on the first Wednesday of the month will commence at 10:00 a.m. The meeting may commence up to 1 hour earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 10:00 a.m. public session, Council will rise and recess and reconvene at 10:00 a.m. for the reporting of the Closed Session Items during the public session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting agenda. Schedule "A" to By -law No. 2011 -011 Page 7 of 23 ii) The public session meeting on the second Wednesday of the month will commence at 7:00 p.m. The meeting may commence up to 1 hour earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 7:00 p.m. public session, Council will rise and recess and reconvene at 7:00 p.m. for the reporting of the Closed Session Items during the public session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting agenda. iii) On the third Wednesday to be held at 7:00 p.m. which shall be dedicated to Recognition. iv) There shall be no meeting the fourth Wednesday of the month. g) Meetings of 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. h) In the event that the day scheduled for a regular Council meeting is a public holiday, civic holiday, or a day on which a Municipal Election is to be held, the Council shall meet at the same hour on the 1 st day thereafter, unless otherwise provided by resolution. i) Where a Regular meeting of Council 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) The Clerk, in consultation with the Mayor, may summon a Special Meeting of the Council in circumstances where Council needs to make decisions and actions need to be taken before the next regularly scheduled meeting. c) 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. d) No business may be transacted at a Special Meeting of Council other than that specified in the notice of the meeting or agenda. e) 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 Committees or Technical Support Groups of Council Meetings 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. b) All members of such Committees/Technical Support Groups shall be residents within the municipality. Schedule "A" to By -law No. 2011 -011 Page 8 of 23 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 Committee/Technical Support Group during its term. e) 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 unless Council has enacted a Committee/Technical Support Group specific procedural by -law. f) Meetings of Committees or Technical Support Groups of Council shall be scheduled by the Township. g) In the event that the day scheduled for a regular Committee meeting is a public holiday, civic holiday, or a day on which a Municipal Election is to be held, the Committee shall meet at the same hour on the 1St day thereafter, unless otherwise provided by resolution. 3.5 Time Meetings to Commence As soon after the hour fixed for the Council or Committee/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. 3.6 Clerk Required No meeting of Council or Comm ittee/Technical Support Groups, including any Closed Session, shall be held in the absence of the Clerk or his /her designate. 3.7 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. c) Special Council Meetings shall adjourn 4 hours after their scheduled commencement unless this rule is temporarily suspended by resolution of the majority of the Members present. d) Notwithstanding Sections 3.7 a) and b), a meeting lasting 4 hours or less shall be deemed to be a "half day" in accordance with the Township's Remuneration By -Law. 4.0 QUORUM 4.1 Quorum — Council 1/�, 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. Schedule "A" to By -law No. 2011 -011 Page 9 of 23 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 Committee/Technical Support Group meeting shall be at the member's own discretion and without per diem. 4.4 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. 5.0 OPEN AND CLOSED MEETINGS - GENERAL 5.1 Open Meetings All meetings of Council and all meetings of any Comm ittees/Technical Support Groups of Council shall be open to the public subject to the exceptions listed in Section 5.2. 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 "); Schedule "A" to By -law No. 2011 -011. Page 10 of 23 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. c) All members shall ensure that all confidential matters disclosed to them with respect to a Closed Session Item are maintained as Confidential, and that all materials distributed to members during a Closed Session are required to be returned to the Clerk, at the conclusion of the matter, for destruction. 6.0 HEAD OF COUNCIL 6.1 Chair — Council The Head of Council shall assume the duties of Chair during Council Meetings. 6.2 Duties of Chair a) The Chair shall preserve order and decorum, decide questions of order (subject to an appeal to the Council /Committee 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 /Committee by taking the chair and calling the Members to order. c) To announce the business before the Council /Committee 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. Schedule "A" to By -law No. 2011 -011 Page 11 of 23 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 /Committee, thereby ordering him /her to vacate the Council Chamber, or designated meeting place. k) To receive all messages and other communications and announce them to the Council /Committee. I) To authenticate, by his /her signature when necessary, all by -laws (if applicable), resolutions and minutes of the Council /Committee. m) To represent and support the Council /Committee, declaring its decision in all things. n) To ensure that the decisions of Council /Committee are in conformity with the laws and by -laws governing activities of the Council /Committee. 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, or designated meeting place. 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. 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 Chair 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 — COMMITTEES OR TECHNICAL SUPPORT GROUPS OF COUNCIL The Chair of a Committee or Technical Support Group of Council shall be appointed by Council, with the exception of Committee of Adjustment who shall appoint their Chair from amongst its members. Schedule "A" to By -law No. 2011 -011 Page 12 of 23 7.1 Absence from Committee or Technical Support Group Meeting a) In the absence of the Chair and quorum is present, the Clerk shall call the members to order and a Chair shall be chosen from among the members of the Comm ittee/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. 8.0 CONDUCT 8.1 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 /designated meeting place 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) Where a member of Council has exhibited conduct, outside of the Council Chambers, that is unbecoming of a Council member, Council may impose sanctions and /or reprimands on that member of Council, in its sole discretion, by a majority of members present. i) 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. j) convey the position of Council once a question has been decided, including when a member had a minority opinion, while demonstrating respect for democracy. k) adhere to a dress code for Council Meetings as agreed to by the current term of Council. Schedule "A" to By -law No. 2011 -011 Page 13 of 23 8.2 Conduct — 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 Committee/Technical Support Group, and Council once a question has been decided, including when a member had a minority opinion, 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 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 "A" to By -law No. 2011 -011 Page 14 of 23 8.3 Conduct — Members of the Public Members of the public shall 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. 9.0 RULES OF DEBATE 9.1 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. 9.2 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 /Committee or any member thereof, employees of the Township or citizens of the Township. c) speak beside the question in debate. d) speak against any decision of Council /Committee except for the purpose of moving that the question be reconsidered or to bring forward a motion to rescind or alter or amend the decision. e) disobey the rules of Council /Committee or a decision of the Head of Council /Chair. 9.3 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. d) No member shall speak more than once, except as outlined in Section 9.3 e), until every member who desires to speak has spoken. Schedule "A" to By -law No. 2011 -011 Page 15 of 23 e) Upon verbal notification by the Mayor /Head of Council or Chair of their intention to enforce the following time limits, no member shall speak to the same question for longer than 2 (two) minutes. With the leave of the Mayor /Head of Council or Chair, 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. f) The Mayor /Head of Council or Chair may take part in any debate without leaving the Chair. 10.0 VOTING 10.1 Voting —Head of Council Notwithstanding Section 10.3 c), the Mayor /Head of Council (except where disqualified from voting by reason of interest or otherwise) may vote with the Members on all questions. 10.2 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. 10.3 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 a majority of votes of the quorum present in order to be valid and binding on Council /Committee. 10.4 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. Schedule "A" to By -law No. 2011 -011 Page 16 of 23 10.5 Appeal of Declaration of Result 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 of the declaration 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 10.7 of this By -law. 10.6 Equality of Votes Where a vote on a question results in an equality of votes, the result shall be deemed to be negative. 10.7 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. 10.8 Voting— Closed Session Meeting a) Subject to Section 10.3, a meeting shall not be closed to the public during the taking of a vote. b) Notwithstanding Section 10.3, 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. 11.0 MOTIONS /RECOMMENDATIONS 11.1 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. Schedule "A" to By -law No. 2011 -011 Page 17 of 23 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 to defer shall not be considered until every member who desires to speak has spoken. d) When the motion, under consideration, concerns two or more matters, a vote on each matter, upon the request of any member, may be taken separately. e) A motion in respect of a matter which is beyond the jurisdiction of Council shall not be in order. f) A member shall speak to a motion in accordance with Section 9.3 — Rules of Debate — In Council /Committee. 11.2 Withdrawal of a Motion After a motion has been received and /or read by the Mayor /Head of Council or Chair, it shall be deemed to be in the possession of the Council /Committee but may be withdrawn by the mover, with the consent of the seconder, prior to amendment or voting thereon. 11.3 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 /Committee prior to a decision on the main question. 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. 11.4 Notice of Motion a) A motion to rescind or alter or amend a motion entered upon the minutes shall be received or put only when notice of intention to introduce such motion is given in accordance with Section 11.4 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 Mayor /Head of Council with a written motion at a regularly scheduled meeting of Council. Such motion shall be provided to Members in an agenda for consideration by Council at its next regularly scheduled meeting. Schedule "A" to By -law No. 2011 -011 Page 18 of 23 11.5 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 more than once, and may only be reconsidered if action has not yet been taken. 12.0 AGENDA AND MINUTES 12.1 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 12.1 c), the matter shall be referred to the appropriate staff member for consideration prior to being brought forward for Council's consideration. Schedule "A" to By -law No. 2011 -011 Page 19 of 23 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. Closed Session Items 5. Identification from the Public of an Agenda Item of Interest 6. Minutes of Council and Committees 7. Recognition of Achievements 8. Public Meetings 9. Deputations 10. Reports of Municipal Officers 11. Reports of Members of Council 12. Consent Agenda 13. Communications 14. Notice of Motions 15. By -laws 16. Questions from the Public Clarifying an Agenda Item 17. Closed Session Items (Unfinished Items) 18. Confirmation By -law 19.Adjournment 12.2 Committee Agenda a) The Clerk shall forward all notices and agendas, to each member of Council and Committee, for regular Committee/Technical Support Group meetings 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 nature. 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 critical nature, by noon on the day of an evening meeting or noon of the day prior to a day meeting. If the Clerk, Chair 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 Committee does not make a recommendation for Council's consideration at Council's next regular meeting and the Township must act immediately upon Council's decision at such 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 12.2c), the matter shall be referred to the appropriate staff member for consideration prior to being brought forward for Committee's consideration. Schedule "A" to By -law No. 2011 -011 Page 20 of 23 12.3 Verbal Matters a) In the event that a matter is addressed during a meeting, and no report, memorandum or correspondence exist as background for the matter, it shall be the responsibility of the member of Council /Committee or staff member, who spoke to the matter, to provide, at a minimum, a written record of speaking points to the Clerk's office within seven days of the f�. meeting. b) Such written record shall be included in the agenda package for all open session matters. c) For closed session matters, such record shall be retained by the Clerk's office, in a secure manner. 12.4 Announcements a) Announcements of Interest to the Public are to be provided to the Clerk's office by 4:30 p.m. on the Wednesday of the week before the meeting. b) Upon receipt of the aforementioned announcements, the Clerk's Office shall prepare a written record of the Announcements, which shall be included in the Consent Agenda portion of the agenda for receipt. 12.5 Minutes — Council and Committee The minutes of meetings of Council and Committee shall record, without note or comment: a) the place, date and time of meeting; b) the names of those present; c) disclosure of pecuniary interest and the nature thereof; d) the fact of the holding of a closed meeting and the general nature thereof; e) all resolutions /recommendations, decisions and proceedings of the meeting. 13.0 PUBLIC MEETINGS /PUBLIC 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 scheduled meeting of Council. c) Public Meetings required for an application, in accordance with the Planning Act, shall be conducted during a scheduled meeting of Council, or if deemed necessary by the Clerk, or designate, shall be conducted as a separate meeting on a designated day. d) All Public Meetings /Public Information Sessions shall be digitally recorded, and such recording shall be available to the public through the Township website. Schedule "A" to By -law No. 2011 -011 Page 21 of 23 14.0 PETITIONS AND COMMUNICATIONS a) Every communication, including a petition designed to be presented to the Council /Committee 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 and shall become part of the public record of the meeting at which it is received. b) Petitions designed to be presented to the Council /Committee 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 agenda for disposition, at the Clerk's discretion, in consultation with the Mayor /Head of Council or Chair 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 /Committee consideration, after the aforementioned deadline. 15.0 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 15 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. Schedule "A" to By -law No. 2011 -011 Page 22 of 23 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. 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. 16.0 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 Council so determines, a by -law may be taken as read. g) The Clerk shall set out on all by -laws enacted by Council the date of the several readings thereof. Schedule "A" to By -law No. 2011 -011 Page 23 of 23 h) Every by -law enacted by the Council shall be numbered and dated and shall be sealed with the seal of the Corporation and signed by the Clerk and the Mayor /Head of Council or Chair and shall be deposited by the Clerk in the office for safekeeping. i) 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. 17.0 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. 18.0 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.