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1995-044 To Regulate the Proceedings in the Township Council of the Township of Oro-Medonte THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 95-44 Being a By-Law to Regulate the Proceedings in the Township Council of the Township of Oro-Medonte . WHEREAS section 55 of the Municipal Act, R.S.O. 1990, as amended, authorized Council to pass by-laws governing the proceedings of the Council, the conduct of its members and the calling of meetings; AND WHEREAS The Planning and Municipal Statute Law Amendment Act (Bill 163), proclaimed January 1, 1995, repealed Section 55 and reinstituted new provisions; AND WHEREAS the Municipal Council of The Corporation of the Township of Oro-Medonte deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its members and the calling of meetings in accordance with the Act; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. THAT in this By-law; (a) "Clerk" means the Clerk of the Township of Oro-Medonte. (b) "Council" means the Council of the Township of Oro- Medonte. (c) "Head of Council" means the Mayor. (d) "Recorded Vote" means the recording of the name and vote of every Member on any matter of question. (e) "Holiday" (i) means: any holiday as defined in the Interpretation Act, R.S.O. 1990, Chapter 1.11 (ii) Boxing Day (iii) any day proclaimed by the Head of the Council as a civic Holiday (f) "Member" means a member of the Council and includes the head of Council. (g) "Committee of the Whole" means all members present at a meeting sitting in Committee. (h) "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. . (i) "Meeting" means any regular, special, committee or other meeting of a Councilor local board. 2. General -2- (a) The rules and regulations contained in this By-law shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business for council, Committees, and local boards. . (b) All meetings of Council and all meetings of any standing or Special Committees of Council shall be open to the Public. (c) A meeting or part of a meeting may be closed to the public if the subject matter being considered involves: (i) (ii) (iii) (iv) (v) (vi) (vii) the security of the property of the Township or local board; personal matters involving individuals including municipal employees; identifiable or local board the proposed or pending acquisition of land for municipal or local board purposes; labour relations or employee negotiations; litigation or potential litigation affecting the municipality or local board including matters before administrative tribunals; the receiving of advice that is solicitor-client privilege, communications necessary for that subject to including purpose; a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act. (d) A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection to Privacy Act if the council, board, commission or other body is designated as head of the institution for the purposes of the Act. (e) Before holding a meeting or part of a meeting that is to be closed to the public, a councilor local board shall state by resolution; (1) the fact of the holding of the closed meeting; and (2) the general nature of the matter to be considered at the closed meeting. (f) A meeting shall not be closed to the public during the taking of a vote unless despite section 2 (c) and (d) above the vote is for a procedural matter or for giving directions or instructions to officers, employees, or agents of the municipality or local board or persons retained by or under contract with the municipality or local board. . -3- 3. Except as provided by law, a person not a member of Council shall not be allowed to address Council except upon approval of Council. Any person desiring to be heard should submit a request in writing to the Clerk not less than two working days prior to the printing of the agenda of the meeting at which said person desires to be heard. The written request shall state the nature of the business to be discussed. Persons addressing Council shall confine their remarks to the stated business. . 4. The Inaugural Meeting of Council shall take place at 11:00 a.m. on the first Tuesday of December following a regular election. 5. Meetings of Council - Regular (a) The Council of The Corporation of the Township of Oro- Medonte shall hold its Regular Meetings at the Administration Centre on the first and third Wednesday of each month at 7:00 p.m. or on such other day as may be determined from time to time by resolution of Council. In the event that such day is a pUblic holiday, civic holiday, or a day on which a Municipal Election is being held, in which case the Council shall meet at the same hour on the 1st day thereafter, the same not being a public or civic holiday, or a day on which a Municipal election is being held, unless otherwise provided by resolution of Council. (b) Where a Regular Meeting of Council is to be held at a time, day or place other than as set out in section 5(a) above, Council shall give notice, at least 48 hours in advance of such meeting, by publication in a newspaper that is, in the Clerk's opinion, of sufficient general circulation in the area to give the public reasonable notice of the meeting. 6. Meetings of Council - Special (a) The Head of Council at any time may summon a Special Meeting of Council to the Members of Council, or upon receipt of the 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. The only business to be dealt with at a Special Meeting is that which is listed in the notice of the meeting. (b) It shall be the responsibility of the Clerk or their representative to forward all notices and agendas for Regular and Committee of the Whole meetings, a minimum of forty-eight hours in advance of such meetings. 7. Adjournment . The hour for adjournment for day meetings shall be 4:00 p.m. and the hours of adjournment for night meetings shall be 11:00 p.m. The Council shall always adjourn at these hours unless this rule be temporarily suspended by a majority of the Members present, by resolution. 8. Order of Proceedings of Council (a) As soon after the hour fixed for the meeting as there is a'quorum present, the Mayor shall take the chair and call the members to order. A majority of the members of the Council shall constitute a quorum. -4- . (b) In case the Mayor does not attend within fifteen minutes after the time appointed, the Deputy Mayor shall call the members to order and if a quorum is present, shall preside during the meeting or until the arrival of the Mayor. In the absence of the Mayor and Deputy Mayor a Chairperson shall be chosen from the members who shall preside during the meeting until the arrival of the Mayor or Deputy Mayor. (c) While presiding, the Deputy Mayor or Chairperson chosen by Council shall have all the powers of the Mayor and shall be entitled to vote as a member. 9. (a) If there is no quorum within thirty minutes after the time appointed for the meeting, the Clerk shall call the roll and record the names of the members present and the meeting shall stand adjourned until the next regular meeting or until a Special Meeting is called. (b) Four (4) members of Council shall constitute a quorum. (c) That the use of recording equipment or devices during a Councilor Committee Meeting is not permitted within the designated area unless the Mayor or Chairperson or the majority of the Council Members, permit the use of such equipment or devices and it is not disruptive to the conduct of the meeting at which the recording privileges are granted. The designated area means the spectator areas within the Council Chambers and Committee Room. 10. (a) The Mayor 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 (as commonly accepted under parliamentary procedures) applicable to the case if called upon to do so. Duty of Head of Council: (i) to open the meeting of Council by taking the chair and calling the members to order. (ii) to announce the business before the Council in the order in which it is to be acted upon. (iii) to receive and submit, in the proper manner, all motions presented by the Members of Council. (iv) 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. (v) to decline to put to vote motions which infringe on the rules of procedure. . (vi) to restrain the Members, within the rules of order when engaged in debate. (vii) to enforce on all occasions the observance of order and decorum among the Members. (viii) to expel any person for improper conduct. -5- (ix) to call by name any Member persisting in breach of the rules of order of the Council, thereby ordering him to vacate the Council Chamber. . (x) to recei ve communications Council. all and messages and other announce them to the (xi) to authenticate, by his/her signature when necessary, all by-laws, resolutions and minutes of the Council. (xii) to represent and support the Council, declaring its decision in all things. (xiii) to ensure that the decisions of council are in conformity with the laws and by-laws governing activities of the Council. (xiv) to adjourn the meeting when the business is concluded. (xv) to adjourn the meeting without question put, in the case of grave disorder arising in the Council Chamber. 11. (a) The Mayor (except where disqualified from voting by reason of interest or otherwise) may vote with the members on all questions. Any questions on which there is an equality of votes shall be deemed to be negative. (b) If the Mayor desires to introduce a motion or by-law, he/she shall leave the Chair for that purpose, and shall call on another Member of Council to fill their place until he/she resumes the Chair. 12. Decorum No Member shall: (i) disturb another, or the Council itself, by any disorderly deportment disconcerting to any Member speaking. (ii) resist the rules of Councilor disobey the decision of the Head of Councilor Chairperson on questions of order or practice or upon the interpretations of the rules of order of the Council. (iii) be permitted to retake his/her seat at any meeting after being ordered by the Head of Councilor Chairperson to vacate after committing a breach of any rule of order of the Council, without making apology and the consent of the Council expressed by a majority vote of the other Members present, determined without debate. . (iv) leave his/her place on adjournment until the Head of Councilor Chairperson leaves his chair. (v) speak until he/she has addressed himself to the Head of Councilor chairperson. (vi) . -6- walk across or out of the Chamber or make any noise or disturbance when the Head of Councilor Chairperson is putting a question and shall occupy his/her seat while a vote is being taken and until the result thereof is declared. ignore a dress code for Council Meetings agreed to by the majority Members of Council. 13. Rules of Debate - the Head of Councilor Chairperson (vii) In directing the course of debate, the Head of Councilor Chairperson shall: (i) (ii) (iii) designate the Member who has the floor when two or more Members raise their hand to speak. preserve order and decide questions of order. read all motions presented in writing and state all motions presented verbally before permitting debate on the question, except when otherwise provided in this by-law. 14. Rules of Debate - Members In addressing the Council, no member shall: (i) (ii) (iii) (iv) 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; use indecent, offensive or insulting language in or against the Councilor any member thereof; speak beside the question in debate; criticize any purpose of reconsidered; decision of Council except for the moving that the question be disobey the rules of Councilor a decision of the Head of Councilor Chairperson of the Council on questions of order or practice, or upon the interpretation of the rules of the Council. 15. Rules of Debate - In Council (v) (a) Every member when speaking to any question or motion shall respectfully address the Mayor or Chairperson. (b) When a member is speaking, no other member shall pass between him/her and the Chair, or interrupt him 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. -7- (d) No member shall speak to the same question for longer than 2 (two) minutes, with the leave of Council a supplementary question with a further 1 (one) minute, may be granted. . (1) 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. (2) All questions shall be stated succinctly and questions shall not be used as a means of making statements or assertions. 16. Voting on Questions (a) When the Mayor or Chairperson calls for the vote on a question, each member shall occupy his/her seat and shall remain there until the result of the vote has been declared by the Mayor or Chairperson, and during such time no member shall walk across the room or speak to any other member or make any noise or disturbance. (b) If a member who has voted on a question disagrees with the declaration of the Mayor or Chairperson that the question is carried, or lost, he/she may, but only immediately after the declaration by the Mayor or Chairperson, object to the declaration and require a recorded vote to be taken in the manner prescribed in section 17 of this By-law. 17. Recorded Vote (a) When a member present requests a recorded vote, all members present at the Councilor Committee Meeting must vote in alphabetical order, to be reversed each time a recorded vote is taken, except the Mayor shall vote last, unless otherwise prohibited by statute or any other Provincial or Federal law. The names of those who voted for and others who voted against shall be noted in the minutes. The Clerk shall announce the results. (b) If any member at a meeting of the Council when a question is put and a recorded vote taken does not vote, he/she shall be deemed as voting in the negative except where he/she is prohibited from voting by statute. (c) Every member present at a meeting of the Council when a question is put shall vote thereon, except that if he/she has any pecuniary interest, direct or indirect in the question and has so declared. . -8- 18. Introducing Motions 1. The following matters may be introduced orally without written notice and without leave: . (a) a point of order or personal privilege (b) presentations of petitions (c) a motion to suspend a rule of procedure or in compliance with a rule of procedure (d) a motion to adjourn (not debatable) (e) a motion that the vote now be taken (f) a motion that the council resolve itself into a committee of the Whole (not debatable) 2. All motions and notices thereof shall be in writing, moved and seconded. 3. A motion for the previous question shall not be put until all speakers listed by the Chairperson have spoken. 19. Agenda The Clerk shall have prepared and printed for the use of the members at the regular meetings of Council, an agenda under the following headings: (1) opening of Meeting by the Mayor (2) Prayer (3) Adoption of the Agenda (4) Disclosure of Interest (5) Recognition of Achievements (6) Minutes of Previous Meeting (7) Consent Agenda (8) Deputations (9) Reports of Municipal Officers (10) Communications (11) Reports of Committees (12) Petitions (13) Unfinished or New Business . (14) By-laws (15) Confirmation By-law (16) Adjournment (17) Questions -9- 19.1 In adopting the Agenda, Council may permit additions to it or any deletions provided that the subject matter of any items to be added to the agenda has been on a previous agenda. . Note: Adoption of the agenda shall be by resolution of Council, passed by a majority of Council members. 20. (a) Motions (i) No motion shall be debated upon or put unless the same be written, moved and seconded. (ii) When the motion under consideration concerns two or more matters upon the request of any member, the vote upon each matter shall be taken separately. (b) withdrawal of a Motion After a motion has been received and/or read by the Mayor or Chairperson, it shall be deemed to be in the possession of the Council but it may with the majority consent of the council members present, be withdrawn by the mover prior to discussion or amendment or voting thereon. (c) A Motion to Amend (i) shall be presented in writing (ii) shall receive disposition of Council before a previous amendment or the question (iii) shall not be further amended more than once provided that further amendment may be made to the main question (iv) shall be relevant to the question to be received (v) shall not be received proposing a direct negative to the question (vi) may propose a separate disposit,ion of a question and distinct (vii) shall be put in the reverse order to that in which it is moved. (d) A motion in respect of a matter which is beyond the jurisdiction of council shall not be in order. (e) Every motion when duly moved and seconded, shall be received by the Head of Council, Chairperson, or member and shall then be open for discussion prior to the vote being taken. . (f) No member shall speak to a motion more than once, without leave from the Head of Councilor Chairperson. Each Member shall confine their remarks to a limit of 2 (two) minutes. -11- . (ii) The Chairperson of the Committee of the Whole shall have all the powers and duties of the Mayor with the following exception: "an appeal from the ruling of the Chairperson of the Committee of the Whole shall be to the Mayor in Council". The rules governing the procedure of the Council and the conduct of Members in Council shall be observed in Committee of the Whole so far as they are applicable. (d) The Members of Council shall meet as a Committee of the Whole regularly on the second and fourth Wednesday of each month at 9:00 a.m. and adjourning at 4:00 p.m. unless otherwise provided by resolution of the Committee. (c) 22. (a) Minutes The minutes shall record: (i) The place, date and time of meeting; (ii) The name of the Chairperson and record of attendance of the Members; (Hi) The reading, if requested, correction and adoption of the minutes of the prior meetings; (iv) All other proceedings of the meeting without note or comment. 23. Petitions and Communications (a) Every communication, including a petition designed to be presented to the Council, shall be legibly written or printed and shall not contain any obscene or improper matter or language, and shall be signed and dated by at least one person, filed with the Clerk, and shall include an address and telephone number where return correspondence or contact is to be directed. (b) Every petition or communication shall be delivered to the Clerk not less than four regular working days in advance of the meeting. 24. Deputation/Delegations - (a) Persons desiring to present information verbally on matters of fact or make a request of Council shall give notice to the Clerk not less than four regular working days in advance of the meeting of Council, in writing stating the purpose of the Deputation. All requests to be heard by Council shall be signed. Deputations/Delegations may be heard by leave of Council but shall be limited in speaking to not more than ten (10) minutes, except that delegation consisting of more than five (5) persons shall be limited to two (2) speakers, each limited to speaking not more than ten (10) minutes. Persons requesting to appear before Council shall be advised of the time limitation in advance of their presentation. (b) Notwithstanding the provisions of section 24(a) Council may, at their sole discretion, entertain deputations or delegations with less notice as the circumstance may warrant. -10- . (g) Immediately preceding the taking of the vote, the Head of Council, Chairperson, or member may state the question in the form introduced and shall do so if required by a Member except when a motion for the previous question has been resolved in the affirmative. He/She shall state the question in the precise form in which it will be recorded in the minutes. (h) After a question is finally put by the Head of Council, Chairperson or member, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been declared. (i) The manner of determining the decision of the Council on a motion shall be by a show of hands. (j) Any motion shall require four affirmative votes in order to be valid and binding on Council. Where only a quorum is present, a resolution, in order to carry or be passed, must be affirmed by the majority of the quorum. (k) After any question has been decided, the following shall prevail: (a) Any Member of Council may give notice at the next regular Meeting of Council for a reconsideration of the question at any regular Meeting of Council. The majority vote will be required to carry the Motion. (b) No discussion except that obtaining information that justifies the reconsideration, shall be allowed until the Motion for reconsideration is carried. 21. (a) Proceedings in Committee of the Whole (i) Whenever the Council resolves itself into Committee of the Whole, the Mayor may appoint a Chairperson from amongst its members, and vacate the chair. (H) the Chairperson of the Committee of the Whole may appoint another Member of the Committee to act as the Chairperson while he is temporarily absent from the meeting. (Hi) The majority of the Members of Council shall constitute a quorum of Committee of the Whole. (b) Unless otherwise decided by a vote of the Council, no Bill or report of a Committee shall be referred to the Committee of the Whole unless such Bill or Report has been previously presented and placed in the hands of the Members. (i) The Chairperson of the shall maintain order report the proceedings Committee of the Whole in the Committee and to the Council. . -12- (c) the Chairperson of a Committee Meeting or Council Meeting may expel or exclude from the meeting, any person who in the opinion of the Chairperson, has behaved improperly. 25. Readings of By-laws and Proceedings thereon . (a) Every by-law shall be introduced upon motion by a Member of the Council, specifying the title of the By-law. (b) Every by-law when introduced shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with provisions of any act and shall be complete with the exception of the number and date hereof. (c) Every by-law shall have three readings prior to it being passed. (d) The first and second reading of a by-law shall be decided without amendment or debate. (e) If the Council determines that the by-law is to be considered in Committee of the Whole, it shall be so considered previous to the third reading thereof. (f) If Council so determines, a by-law may be taken as read. (g) The Clerk shall set out on all by-laws enacted by Council the date of the several readings thereof. (h) Every by-law enacted by the Council shall be numbered and dated and shall be sealed with the seal of the Corporation and signed by the clerk and the Head of Councilor Chairperson and shall be deposited by the Clerk in the office for safekeeping. 26. Other Committees (a) Recreation Advisory Committee (b) Planning Advisory Committee (c) Committee of Adjustment The provisions of this By-law, with necessary modification, shall apply to the above Township Committees and to any other Committees or local boards established by Council from time to time. 27. Confirmatory 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) That a motion for leave to pass a by-law to confirm the proceedings of a meeting of Council shall be voted on without debate. 28. Amendment to this By-law (a) Any procedure required by this by-law may be suspended with consent of a majority of the Members of the Council present. -13- (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 and the waiving of this nqtice by the council is prohibited. . 29. 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. 30. By-law No. 94-38 is hereby repealed. 31. This By-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 19th DAY OF April, 1995 BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF April, 1995 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 0~l.. ... J:.( c. f'!~! MAYOR IAN BE~D /-) ot~ (b~L~~~ ~sHo~f;aiL <<<,e ' \clerk\procedur.byl --