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1992-038 Medonte THE CORPORATION OF THE TOWNSHIP OF MEDONTE BY-LAW NO. 1992- A B'Y--LAW to regulare the proceedings in the Township Council of the Township of Medonte. WHEREAS Section 104, c. 302 of the Municipal Act, R.S.O. 1980, as amended, authorizes Council to pass By-laws governing the proceedings of the Council, the conduct of its members and the calling of meetings; AND WHEREAS the Municipal Council of the Corporation of the Township of Medonre deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its members and the calling of meetings; e NOW THEREFORE the Council of the Corporation of the Township of Medonte enacts as follows: 1. THAT in this By-law; (a) "Clerk" means the Clerk of the Township of Medonte. (b) "Council" means the Council of the Township of Medonte. e (c) "Head of Council" means the Reeve. (d) "Recorded Vore" means the recording of the name and vore of every member on any matter of question. (e) "Holiday" means: (i) any holiday as defined in The Interpretation Act, R.S.O. 1980, Chaprer 219 (ii) Boxing Day (iii) any day proclaimed by the Head of the Council as a Civic Holiday (f) (g) 2. General "Member' means a member of the Council and includes the head of Council. "Committee" of the Whole" means all members present at a meeting sitting in Committee. (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 in the Council and Committees of Council. It (b) All meetings of Council and all meetings of any Standing or Special Committees of Council shall be open to the Public, unless otherwise decided by the Committee, and subject to the provisions of this By-law. (c) Council Meetings may be closed when the subject maf;ter under consideration involves: (i) personnel matters involving one or more identifiable employees or prospective employees of the municipality; e e e e e 3. 2 (ii) matters affecting labour relations and contract negotiations with employees of the municipality; (iii) the acquisition or disposal of municipal property; (iv) litigation or potential litigation affecting the municipality including matters before administrative tribunals; (v) discussions or negotiation in relation to the Municipal Boundary Negotiations Act, 1981; 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. Meetings of Council - Regular (a) The Council of the Corporation of the Township of Medonte shall hold its Regular Meetings on the second and fourth Monday 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 civic holiday, or a day on which a Municipal Election is being held, unless otherwise provided by resolution of Council. 5. Meetings of Council - Special (a) The Head of Council at any time may summon a Special Meeting of Council on 48 hours notice 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. Forty-eight hours notice of all special meetings of Council shall be given to the Members through the Clerk's office. 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 his/her representative to forward all notices and agendas for Regular and Special Council meetings, a minimum of forty- eight hours in advance of such meetings. 6. Adjournment The hour for adjournment for day meetings shall be 4:00 p.m. and the hour 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. No new business to be presented after 3:45 p.m. or 10:45 p.m 7. Order of Proceedings of Council (a) As soon after the hour fixed for the meeting as there is a quorum present, the Reeve shall take the chair and call the members to order. A majority of the members of the Council shall constitute a quorum. (c) 8. (a) e (b) 3 Deputy Reeve shall call the members to order and if a quorum is present, shall preside during the meeting or until the arrival of the Reeve. In the absence of the Reeve and Deputy-Reeve, the Clerk shall be present and if a quorum is present shall call the members to order. A Chairman shall be chosen from the members who shall preside during the meeting until the arrival of the Reeve or Deputy Reeve. while presiding, the Deputy Reeve and/or Chairman chosen by Council shall have all the powers of the Reeve and shall be entitled to vote as a member. If there is no quorum within 15 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. 9. Duty of Head of Council: Three (3) members of Council shall constitute a quorum. (i) e (ii) (iii) 10. e 11. Decorum No member shall: e to open the meeting of Council by taking the chair and calling the members to order. to announce the business before the Council in the order in which it is to be acted upon. 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. (iv) to restrain the Members, within the rules of order when engaged in debate. (v) to enforce on all occasions the observance or order and decorum among the Members. (vi) to authenticate, by his or her signature when necessary, all by-laws, resolutions and minutes of the Council. (vii) to adjourn the meeting when the business is concluded. (a) The Reeve (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 Reeve desires to introduce a motion or by-law, the Reeve shall leave the Chair for that purpose, and shall call on another Member of Council to fill his/her place until he/she resumes the Chair. (i) disturb another, or the Council itself, by any disorderly deportment disconcerting to any Member speaking. (ii) speak until he/she has addressed himself to the Presiding Officer. 4 12. Rules of Debate - the Presiding Officer In directing the course of debate, the Presiding Officer shall: (i) designate the Member who has the floor when two or more Members raise their hand to speak. (ii) preserve order and decide questions of order. (iii) 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. e 13. Rules of Debate - Members In addressing the Council, no member shall: (i) e (ii) (iii) use indecent, offensive or insulting language in or against the Council or any member thereof; speak beside the question in debate; disobey the rules of Council or a decision of the Head of Council or Chairman of the Council on questions of order or practice, or upon the interpretation of the rules of the Council. 14. Voting on Questions (a) When the Reeve 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 Reeve. 15. Recorded Vote (a) When a member present requests a recorded vote, all members present at the Council or Committee Meeting must vote in alphabetical order, to be reversed each time a recorded vote is taken, except the Reeve shall vote last. (b) If any member at a meeting of the Council when a question is put and 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, he/she shall at the first opportunity disclose his/her interest and shall refrain from taking part in the discussion and shall vacate his/her seat and refrain from voting on the particular question, but in fact does not vote thereon, he/she shall be deemed to be voting in the negative and shall be so recorded. e 16. Agenda The Clerk shall have prepared and printed for the use of the members at the regular meetings of Council. 17. (a) Motions and Order of Putting Questions in Council e 5 Any motion may be introduced without notice if the Council, without debate, dispenses with notice on the affirmative vote of at least two-thirds of the members presenting and voting. (b) 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. e (c) Withdrawal of a Motion After a resolution has been received and/or read by the Reeve or Chairman, 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. e (d) A Motion to Amend (i) shall be presented in writing. (I) Every resolution when duly moved and seconded, shall be received by the Head of Council or Chairman, and shall then be open for discussion prior to the vote being taken. (g) No member shall speak to a resolution more than once, without leave from the Head of Council or Chairman. (h) After a question is finally put by the Presiding Officer 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) Any resolution shall require three 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 unanimously affirmed by the said quorum. (j) After any question has been decided the following shall prevail: (a) Any member of Council who voted thereon with the majority 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. e (b) Any time after a meeting of Council after the question has been decided, the subject matter of the question shall be a proper matter to be brought forward as though it was a new question, and once the question has been allowed to be brought forward and has been decided, subsection (a) shall again prevail and similarly if the Motion for reconsideration is not carried, the subsection (a) will again prevail. (c) No discussion of the main question shall be allowed until the Motion for reconsideration is carried, and no question shall be reconsidered more than once in a calendar year. e e e e e 6 18. Deputations/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 two 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. 19. Readings of By-laws and Proceedings thereon (a) 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 thereof. (b) Every by-law shall have three readings prior to it being passed. (c) The Clerk shall set out on all by-laws enacted by Council the date of the several readings thereof. (d) 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 Presiding Officer and shall be deposited by the Clerk in his office for safekeeping. 20. Standing Committee (a) There shall be the following Standing Committees of Council: (i) Administration (ii) Public Works (iii) Persons and Property READ a first and second time, read a third time and passed this 13th Day of July, 1992.