
PROCEDURAL BY-LAW
BY-LAW No. 69 -2010
A By-Law to
adopt a procedure for governing the calling, place and proceedings
of meetings of council, council committees and boards of council of
The Corporation of the Municipality of Morris-Turnberry
This by-law is printed under and by authority
of the Council of the Municipality of Morris-Turnberry
August 3, 2010
BY-LAW No. 69 -2010
“Being a By-law to
adopt a procedure for governing the calling,
place and proceedings of meetings of council, council committees and boards of
council
of The Corporation of the Municipality of Morris-Turnberry”
WHEREAS Section 238 of the Municipal Act, 2001, S .O.
2001, Chapter 25, as amended, provides
that every Council shall adopt a procedure for governing the calling, place and
proceedings of meetings;
AND WHEREAS Section 8 of the Municipal Act, 2001, S
.O. 2001, Chapter 25, as amended,
guarantees that the powers of a municipality under this or any other Act shall
be interpreted broadly
so as to confer broad authority on the municipality to enable the municipality
to govern its affairs as it
considers appropriate and to enhance the municipality’s ability to respond to
municipal issues.
NOW THEREFORE, COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF MORRIS-TURNBERRY
HEREBY ENACTS AS FOLLOWS:
SHORT TITLE
1.1 This By-Law shall be known as "The Procedural By-Law" for
The Corporation of The Municipality
of Morris-Turnberry.
DEFINITIONS
2.1 The following definitions shall apply to this By-law:
“Chair” shall mean the Mayor or the presiding officer of a meeting.
"Clerk" shall mean the Clerk of The Corporation
of The Municipality of Morris-
Turnberry, or
a person delegated by the Clerk.
"Closed Session" shall mean a meeting or part of
a meeting of Council, a Council
Committee, a
Communications Meeting, or a Local Board and its Committees,
not open to
the public in accordance with the Municipal Act, 2001, S .O . 2001,
Chapter 25,
as amended.
"Council Committee" shall mean a Committee established by Council.
"Committee-of-the-Whole" shall mean a Committee composed of all of the members
of
Council.
"Council" shall mean the Council of The Corporation of The Municipality of Morris-Turnberry.
"Council-In-Committee" shall mean all members of
Council sitting as a
Committee-of-the-Whole during a regular, emergency or special meeting of
Council, to
deal with business matters.
“Corporation” shall mean The Corporation of the Municipality of Morris-Turnberry.
"Mayor" shall mean the Head of Council and Mayor
of the Municipality of Morris-
Turnberry.
"Meeting" shall mean any Regular, Special,
Communications or other meeting of
Council, its
Committees, or its local boards called for the purpose of exercising
the
power or the authority of Council, its Committees or its local boards.
"Member" shall mean a member of Council, its
Committees or its local boards,
and shall
include the Mayor.
"Motion" shall mean a Resolution of Council or a
Recommendation of a Committee that is
under debate
by Council or a Committee.
“Public Meeting” shall mean a public meeting as
defined under the Municipal Act
or another Act where Council has a requirement to hold a public meeting.
"Quorum" shall mean a majority of the whole number of Members required to constitute a Council.
"Recorded Vote" shall mean the recording of the
name and vote of every member voting on any matter
or question
during a Council meeting.
"Rules of Procedure" shall mean the rules and regulations provided in this By- Law.
“Two-thirds majority vote” shall mean a vote
where at least two-thirds (2/3) of the
members
present and eligible to vote, vote in the affirmative.
GENERAL RULES
3.1 The rules and regulations contained in this By-Law shall be observed
in all
proceedings
of Council, Council Committees and Local Boards and shall be the
rules and
regulations for the order and dispatch of business in Council, Council
Committees
and Local Board meetings.
3.2 The rules contained in the By-Law shall be
observed, with necessary
modifications, by every Local Board and Council Committee.
3.3 Those proceedings of Council, or the Local Boards
or Council Committees
thereof not specifically governed by the provisions of this By-Law shall be
regulated in accordance with Robert's Rules of Order.
3.4 Any part or parts of this By-law may be suspended
by a vote with the consent of two-thirds
majority of
the Council, committee or local board members present,
unless the
part(s) is prescribed by statute or law.
3.5 In the absence of the Mayor, or if he/she is absent
through illness or refuses to
act, or if
the Office is vacant, the Deputy Mayor for the purposes of this By-Law shall act
in the place
and stead of the Mayor and shall have all the rights, powers and authority
of the
Mayor, while
so acting.
3.6 No person shall be allowed onto the floor of
Council during meetings without the
leave of the
Mayor, except members, employees and servants of the Corporation.
3.7 The Deputy Mayor shall be chosen as follows:
1.
The qualifications that must be satisfied for a member of council to
act in the place of the
head of council are that:
a) The member must not reside in the same ward, in which the head of council resides; and
b)
The member shall be the one who polled the largest number of votes in
the ward during the
last regular election.
2.
In the case of an acclamation in the ward where the Mayor does not
reside, the Deputy
Mayor will be nominated from the eligible members of council from the ward
where the
Mayor does not reside and the vote be conducted by the clerk with secret ballot,
ballots
from the whole council. In the event of a tie vote, the ballot will be chosen
by lot.
The first name drawn shall be the member to be names as ‘Deputy Mayor’.
A motion of council to confirm the appointment will be required.
3.
In the event that no council member from the ward where the \mayor does
not reside,
wishes to seek nomination, then the nomination will be open to all members of
council.
COUNCIL MEETINGS
4.1 Open Meetings:
All meetings of Council, its committees and local
boards must be open to the
public.
Meetings or parts of meetings may be closed to the public pursuant to the
provisions of
the Municipal Act, Section 239 and this By-law.
4.2 Location:
Meetings of Council shall be held in the Council
Chambers of the Municipal
Building
located at 41342 Morris Road, RR 4, Brussels, unless otherwise
decided by
Resolution of Council or specified elsewhere in this By-Law.
4.3 Alter Time, Day or Place:
Council may, by Resolution, alter the time, day
or place of any Council and/or
Council
Committee Meeting.
4.4 Postponement of Meetings:
Any regular meetings of the Council may be postponed to a day named in:
a) A notice by the Mayor or the Deputy
Mayor given through the Clerk's
Office and two clear days in advance of the regular meeting;
b) A resolution of Council passed by the majority of members; or,
c) A notice by the Clerk or Mayor upon
verbal request to the Clerk or Mayor
by a majority of members on the day of the meeting, due to inclement
weather or emergency.
4.5 Inaugural Meeting:
Inaugural Meetings shall be held
on the first Tuesday in December following a
Regular Municipal Election at 11:00 am or as otherwise authorized by the
Council.
4.6 Regular Meetings:
(a) Regular Meeting Schedule:
Regular Council meetings of
Council shall be held in the Council Chambers on
the first and third Tuesdays of each month at 7:30 pm, and shall stand
adjourned
at 10:30 p.m.; however, business may be continued upon a Resolution passed by
unanimous vote either during open council or during a closed portion of the
meeting.
(b) When the Regular Meeting is Scheduled for a Public Holiday
And where such Tuesday may be a
holiday, the Council shall meet on the
business day next following the regular day of the meeting and at the
same time specified above.
4.7 Special Meetings:
The Head of Council may at any time summon a
Special Meeting of Council with
adequate
notice to the Members of Council, or, upon receipt of the petition of the
majority of
the Members of the Council, the Clerk shall summon a Special
Meeting for
the purpose and at the time mentioned in the petition. 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.
4.8 Public Statutory Meetings:
During regular Council meetings all Public
Statutory Meetings of Council shall
convene at
7:30 p.m. in the Municipal Office, or at a specified time during a
Special
Meeting as prescribed by Council on its Notice of Meeting.
PUBLIC NOTICE OF MEETINGS/AGENDAS
5.1 Where notice is required to be given under the Municipality’s Notice
By-law No. 79-2007,
no business shall be brought before Council without first providing the
prescribed form of notice.
5.2 The published Agenda shall be considered as adequate notice of Regular
Meetings of Council and its Council Committees, except for meetings held on a
day or at a
time other than as provided for by this By-Law.
5.3 The
Agenda for Regular Meetings shall be delivered to the Mayor and members not
later than
forty-eight (48) hours prior to the meeting. The complete paperless agenda
package will be
available not less than forty-eight (48) hours prior to the meeting, for each
municipal council
member, on the secured password protected Municipal website.
5.4 Notice and Agendas of Special Meetings called in
accordance with Section 4.7 of
this By-Law
shall be available prior to the meeting not later than forty-eight (48)
hours before
the hour appointed for the special meeting.
5.5 No business except the business dealing directly
with the purpose mentioned in
the Notice
shall be transacted at any Special Meeting.
5.6 Notwithstanding any other provision of this By-Law,
an Emergency Meeting may
be held
without written Notice, to deal with an emergency or extraordinary situation,
provided that
an attempt has been made by the Clerk to notify the
members
about the Meeting as soon as possible and in the most expedient manner
available.
5.7 No business except business dealing directly with
the emergency or
extraordinary
situation shall be transacted at the Emergency Meeting.
5.8 Lack of receipt of a Notice or of the Agenda by the
members shall not affect the
validity of
the Meeting, or any action taken thereat, except where prescribed by
the
Municipality’s Notice By-law No. 79-2007.
5.9 A complete copy of the published Agenda shall be
posted on the Municipality's
website for
members of the news media and the public at least forty-eight (48)
hours prior
to the scheduled meeting.
5.10 The
Meeting Schedule of Regular Council Meetings, shall be published on the
Municipal website or
a local newspaper with a one week notice period.
5.11 Agendas, including all public attachments, shall be
made available through the Clerk’s Office after
distribution
to the Members of Council for viewing and will be
posted on the
Municipal website and bulletin board and copies can be procured
through the
Clerk’s Office.
COMMUNICATIONS AND PETITIONS
6.1 Every communication or petition intended for presentation to Council
or to a
Council
Committee shall be legibly written or printed and shall be signed by at
least one
person, giving his/her address, and filed with the Clerk or Recording
Secretary.
6.2 The deadline for receipt of communications or
petitions by the Clerk for inclusion
on the Agenda
shall be noon, on the Thursday prior to the Regular Meeting of Council.
6.3 Communications and petitions addressed to the Mayor
and Council shall either be
listed on the
Agenda or included in a Council Information Package.
6.4 All Resolutions received from other municipalities
shall be distributed, for
information
purposes, to the members of Council in a Council Information Package.
6.5 A
Council Information Package will be provided to Council members on a bi-weekly
basis
for all regular meetings and as required for special meetings.
6.6 Any member of Council may ask the Clerk to place
any communication, petition
or Resolution
that is included in the Council Information Package on the next
Regular
Meeting Agenda of Council.
6.7 Communications or petitions containing obscene or
defamatory language shall not be listed
on the Agenda
or a Council Information Package, but shall be held by the Clerk
and may be
directed to the police for investigation upon direction of the Mayor.
DEPUTATIONS
7.1 For the purpose of advancing the business of
Council, persons desiring to
verbally
present new information on matters of fact or make a request of Council
shall contact
the Clerk to make a timed deputation at Council, subject to Section
7.2 to 7.8.
7.2 A written brief outlining the subject matter of the
presentation shall be provided to
the Clerk at
the time of the request to appear and shall clearly state the nature of
the business
to be discussed, by Thursday noon prior to the meeting.
7.3 Deputations not providing sufficient notice may be
heard at the discretion of a
majority of
members of Council present.
7.4
Deputations, at regular and special council meetings, shall be limited in
speaking to
not more than ten (10) minutes in total per person, per group or per
organization.
A delegation consisting of five or more members will be limited to
two (2) speakers.
7.5 Notwithstanding Sections 7.1, 7.2, 7.3 and 7.4,
deputations appearing before
Council at
Public Meetings are not limited to time constraints or notification
requirements.
7.6 Council may refuse to hear Deputations when, in the opinion of
Council, the
subject of
the presentation is beyond the jurisdiction of the Municipality.
7.7 No person will be permitted to address Council with
respect to a specific personal
issue, nor
will a brief respecting such issue be listed on a Council Agenda. A
written brief
by any person with respect to personal issues may be forwarded to
the Clerk for
consideration by Closed Session.
7.8 No person will be permitted to address Council
relating to any current litigation
matters of
which the Municipality is a party to the proceedings.
7.9 Council may solicit advice from the gallery on specific issues, on request through the chair;
ACCESS TO MEETINGS
8.1 Except as provided in this Section, all meetings shall be open to the public.
8.2 The Mayor or other presiding Officer may expel any
person for improper conduct
at a Meeting.
8.3 A Meeting or a part of a Meeting may be closed to
the public if the subject matter
being
considered is:
a) The security of the property of the municipality or local board;
b) Personal matters about an identifiable
individual, including municipal
employees or local board members;
c) A proposed or pending acquisition or disposition of land by the
municipality or local board;
d) Labour relations or employee negotiations;
e) Litigation or potential litigation,
including matters before administrative
tribunals, affecting the municipality or local board;
f) The receiving of advice that is
subject to solicitor-client privilege; including
communications necessary for that purpose;
g) A matter in respect of which the
Council, Board or Committee may hold a
closed meeting under the authority of another Act;
h) Related to the consideration of a
request under the Municipal Freedom of
Information and Protection of Personal Privacy Act, as Council is
designated as head of the institution for the purposes of that Act.
8.4 A meeting or part of a meeting of the Council,
Board or Committee may be
closed to the
public if the following conditions are both satisfied:
a) The meeting is held for the purpose of
educating or training the members,
and
b) At the meeting, 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.
8.5 For the purposes of Section 8.4 above, the
following actions are considered to
materially
advance the business or decision making of the Council, Board or Committee:
a) Structured or unstructured debate
b) Adoption of recommendations or options.
8.6 For the purposes of section 8.4 above, the
following actions are considered not
to materially
advance the business or decision making of the Council, Board or
Committee:
a) Brainstorming and listing of potential options for consideration by staff and Council
b) Conducting group problem identification and analysis
c) Receiving staff or council member briefings on new or emerging topics
d) A technical briefing to relate
background information necessary to assist in
future decision making.
8.7 Before holding a Meeting or part of a Meeting that
is to be closed to the public,
Council shall
state by Resolution:
a) The fact of the holding of the Closed
Meeting, and the time the closed
meeting commenced
b) The general nature of the matter to be considered at the Closed Meeting
c) In the case of a meeting under Section
8.4, the fact of the holding of the
closed meeting, the general nature of its subject-matter and that it is to be
closed under that Section.
8.8 A Meeting shall not be closed to the public during the taking of a vote except where:
a) Subsection 8.3 or 8.4 permits or
requires a Meeting to be closed to the
public; and,
b) The vote is for a procedural matter or
for giving directions or instructions to
officers, employees or agents of the municipality, local board or committee
or persons retained by or under contract with the municipality or local board.
8.9 All deliberations while in Closed Session shall remain confidential
unless
otherwise
approved by Council in Open Session. The Mayor or Chair will report
out the time
that the closed portion of the meeting ended, and any results at the
conclusion of
the closed portion of the meeting, including if any directions or
instructions
were given to officers, employees or agents of the Municipality.
ORDER OF PROCEEDINGS, AGENDAS & MINUTES
9.1 Council Agendas:
a) The Clerk or his/her designate shall prepare the Agenda for all Regular
Council Meetings consisting of the following Order of Business :
1. Meeting Called to Order
2. Agenda Update
3. Disclosures of Pecuniary Interest & The General Nature Thereof
4. Approval/Amendment of the Public and Regular Council Meeting Minutes
5. Approval of Accounts
6. Public Meetings
7. Deputations / Delegations
8. Staff Reports
9. Business - Unfinished Business
- New Business
10. Councillor and Committee Reports
11. Mayor and Councillor Questions and Comments
12. Receiving Communications- Correspondence an Local Board and Committee Minutes
13. By-laws and Agreements
14. Break – Comfort break approximately 5 minutes
15. Other Business
16. Question Period – Current Meeting’s Business
17. Council-in-Committee (Closed Session under Section 239)
18. Council in Committee Reports
19. Confirming By-Law
20. Adjournment
b) At each duly constituted Regular Meeting of
Council, the Minutes of the
preceding Regular Meeting, Public Meeting and any Special Meeting shall,
unless otherwise decided by the Council, be submitted for adoption, and after
they have been received by the majority of the members present, with any
errors or omissions noted, shall be signed by the Mayor and Clerk.
c) The business of each Meeting shall be taken up
in the order in which it stands
in the Agenda, unless otherwise decided by a majority vote of the members
present.
a) The Mayor may change the order of business, if required, for timing issues.
9.2 Minutes
a) The municipality or local board or a committee
of either of them shall record
without note or comment all resolutions, decisions and other proceedings at a
meeting of the body, whether it is closed to the public or not. The minutes
shall
be made by a clerk, in the case of the meeting of council, or an appropriate
officer, in the case of a meeting of a local board or committee.
b) Minutes of the Council or Committee, whether it is closed to the public or not, shall record:
1) The date of the meeting;
2) The record of the attendance of the members;
3) Disclosures of pecuniary Interest and the general nature thereof;
4) The reading, if requested, correction and adoption of the minutes of prior meeting(s);
5) All resolutions and decisions;
6) All the other proceedings of the meeting without note or comment;
7) Time of call to order, time of adjournment and time in and out of camera or Committee meeting;
8) A list of other business items discussed.
c) If the minutes have been delivered to the
members, then the minutes will not
be read. The Mayor after receiving any errors or omissions reported by
members will request a motion to adopt the Minutes.
d) After the minutes have been adopted they will be signed by the Mayor and by the Clerk.
COMMENCEMENT OF MEETINGS
10.1 A quorum shall be a majority of the members constituting the Council.
10.2 As soon after the hour fixed for a
Meeting as a Quorum is present, the
Meeting shall be called to order by the Mayor.
10.3 If there is no quorum present within
fifteen minutes after the time
appointed for the Meeting, the Council shall stand adjourned until the date
and time of the next Regular or Special Meeting and the Clerk shall record
the names of the members present upon such adjournment.
10.4 The Mayor, if present, shall preside at all meetings.
10.5 In the absence of the Mayor, the Deputy
Mayor shall preside during the
Meeting or until the arrival of the Mayor.
10.6 In the absence of the Mayor and the
Deputy Mayor, the Clerk shall call the
Meeting to order fifteen minutes after the hour appointed for the Meeting,
and the members shall appoint a Member by resolution to preside during
the Meeting or until the arrival of the Mayor or the Deputy Mayor.
10.7 If at any meeting the number of members
is reduced to less than a
quorum, subject to the provisions of the Municipal Conflict of Interest Act,
the Council meeting shall stand adjourned.
ROLE OF THE MAYOR
11.1 It is the role of the Mayor as the Head of Council:
a) To Act as Chief Executive Officer of the Municipality;
b) To preside over Council meetings so that its business can be carried out efficiently and effectively;
c) To provide leadership to Council;
d) To represent the municipality at official functions; and,
e) To carry out the duties of the Head of Council under any Act.
11.2 As Chief Executive Officer of the Morris-Turnerry, the Head of Council shall:
a) Uphold and promote the purposes of the Municipality;
b) Promote public involvement in the Municipality's activities;
c) Act as the representative of Morris-Turnberry both within and outside the municipality and promote the Municipality locally, nationally and internationally; and,
d) Participate in and foster
activities that enhance the economic,
social and environmental well-being of the County and its residents.
11.3 When presiding over Council meetings, the Head of Council shall:
a) Open the meeting of
Council by taking the chair and calling the
members to order;
b) Announce the business
before the Council in the order in which it is
to be acted upon;
c) Receive and submit, in the
proper manner, all motions presented
by the members of Council;
d) Put to vote all questions
which are regularly moved and seconded,
or necessarily arise in the course of proceedings, noting ayes and
nays, and to announce the result;
e) Decline to put to vote motions that infringe the rules of procedure;
f) Restrain the members, within the rules of order, when engaged in debate;
g) Enforce on all occasions the observance of order and decorum among the members;
h) Call by name any member
persisting in breach of the rules of order of the Council, there
by ordering him or her to vacate the Council Chamber;
i) Receive all messages and other communications and announce them to the Council;
j) Authenticate, by his or her signature when necessary, all by-laws, resolutions, and minutes of the Council;
k) Inform the Council, when necessary or when referred to for the purpose, on a point of order or usage;
l) Represent and support the
Council, declaring its will, and implicitly
obeying its decision in all things;
m) Ensure that the decisions of
Council are in conformity with the laws
and by-laws governing the activities of the Council;
n) Adjourn the meeting when the business is concluded;
o) Adjourn the meeting
without question, in the case of grave
disorder arising in the Council Chamber.
ROLE OF COUNCIL
12.1 It is the role of Council:
a) To represent the public and consider the well-being and interests of Morris-Turnberry;
b) To develop and evaluate the policies and programs of Morris-Turnberry;
c) To determine which services Morris-Turnberry provides;
d) To ensure that administrative
policies, practices and procedures and
controllership policies, practices and procedures are in place to implement
the decisions of Council;
e) To ensure the accountability and
transparency of the Municipality’s
operations, including the activities of the Senior Management Team;
f) To maintain the financial integrity of the Municipality; and,
g) To carry out the duties of Council under any Act.
RULES OF CONDUCT
13.1 No Member shall:
a) Not speak disrespectfully of the reigning sovereign, or any of the Royal Family, or of the Governor-General, the Lieutenant Governor, or any person administering the government of the Dominion of Canada, the Province of Ontario or of The Corporation of the Municipality of Morris-Turnberry.
b) Not use indecent, offensive or insulting language.
c) Not speak on any subject matter other than the subject in debate.
d) Not disturb the Council by any disorderly conduct.
e) Disclosure of gifts and benefits received by submission of a written statement.
f) Maintain confidentiality of information. A Confidentiality declaration must be signed and submitted to the Clerk.
g) Not use of municipal property, services and other resources.
h) Not interfere with the work of staff or department heads for day to day operations of the Municipality.
i) Adhere to the harassment and violence policy.
j) Adhere to all council policies and procedures.
k) Not work in conjunction with lobbyists.
13.2 A Member shall not disobey the rules of the Council or a decision of the Mayor or of the Council on points of order or on the interpretation of the rules of procedure of the Council.
13.3 A Member shall not leave his/her seat or make any noise or disturbance
while a
vote is being
taken or until the vote is declared.
13.4 A Member shall not interrupt a Member who is
speaking, except to raise a point
of order or a
question of privilege.
13.5 In the event that a Member persists in a breach of
the Rules of this By-Law, after
having being
called to order by the Mayor, the Mayor shall put the question "Shall
the Member be
ordered to leave his/her seat for the duration of the Meeting?"
and such
question is not debatable.
13.6 If the Council decides the questions set out in
Section 13.5 of this By-Law in the
affirmative
by a majority vote of the members present, the Mayor shall order the
member to
leave his/her seat for the duration of the Meeting.
13.7 If the Member apologizes, the Mayor, with the
approval of the Council, may
permit the
Member to resume his/her seat.
13.8 All
members of council shall turn off or turn on vibrate mode all electronic devices
and shall
not operate such devices at the council table, during a
meeting.
RULES OF DEBATE
14.1 The Mayor shall preside over the conduct of the
Meeting including the
preservation
of good order and decorum, ruling on points of order and deciding
all questions
relating to the orderly procedure of the Meeting, subject to an appeal to the
Council.
14.2 The Mayor may answer questions and comments in a general way without leaving the chair, but if he/she wishes to make a Motion or to speak on a Motion taking a definite position and endeavoring to persuade the Council to support that position, then he/she shall first leave the chair and address Council from the podium. The Mayor shall address presentations and if any member wishes to address a presenter, they must speak through the chair.
14.3 If the Mayor desires to leave the chair for the
purpose of taking part in the debate
or for any
other reasons, the Deputy Mayor will sit in his/her place until he/she resumes
the chair.
14.4 Before a Member may speak to any matter, he/she shall first be recognized by the Mayor or Chair.
14.5 When two or more members indicate simultaneously that
they wish to speak, the
Mayor shall
name the Member who is to speak first.
14.6 When a Member is speaking to a Motion, he/she shall
confine his/her remarks to
the Motion
and in speaking shall be limited to a maximum of five (5) minutes, unless
otherwise decided by a majority vote of the members present.
14.7 A Member shall not speak more than twice to any Motion unless otherwise decided by a majority vote of the members present, except the Member who made a motion who shall be allowed to reply for a maximum of five (5) minutes.
14.8 When a Motion is under debate, a Member may ask a concisely worded question of another member or a staff member through the Mayor, prior to the Motion being put to a vote by the Mayor.
14.9 A member may require the Motion under debate to be read at any time during the debate, but not so as to interrupt a member who is speaking.
14.10 No member shall speak more than once on an item of business until every member who desires to speak, has spoken.
QUESTIONS OF PRIVILEGE AND ORDER
15.1 If a Member believes that his/her rights, privileges or integrity or those of the members collectively have been prejudicially affected, he/she shall ask leave of the Mayor to raise a question of privilege which shall take precedence over all other matters, but he/she shall not be permitted to enter into any argument orintroduce any Motion related to the question of privilege.
15.2 When the Mayor considers that the integrity of CAO or municipal staff has been impugned or questioned, the Mayor may permit the CAO or staff member to make a statement to the Council.
15.3 When a Member desires to call attention to a violation of the Rules of Procedure, he/she shall ask leave of the Mayor to raise a point of order and after leave is granted, he/she shall state the point of order to the Mayor succinctly and the Mayor shall then decide upon the point of order and advise the members of his/her decision.
15.4 Unless a Member immediately appeals the Mayor's decision to the Council, the decision of the Mayor shall be final.
15.5 If the decision of the Mayor is appealed to the Council, then the question "Shall the ruling of the Chair be sustained?" shall be put immediately without debate and its result shall be final.
15.6 When the Mayor calls a Member to order, that Member shall cease speaking until the point of order is dealt with and that Member shall not speak again to the matter under discussion without the permission of the Mayor unless to appeal the ruling of the Mayor.
MOTIONS
16.1 All new motions shall be submitted orally or in writing. Written motions will be signed by the Mover and Seconder and filed with the Clerk. Oral motions shall be restated by the Chair or the Clerk before debate or a vote.
16.2 Any member of Council may give notice of intent that he or she will introduce a Motion the next or a subsequent meeting of Council to introduce a new matter, initiate any measure to make any change in the Council's established policy. The giving of notice requires no Seconder and is not at that time debatable.
16.3 All Notices of Motion shall be in writing, signed by the Mover and filed with the Clerk.
16.4 Notices of Motions filed with the Clerk shall be directed to the next Regular Council Meeting unless otherwise noted.
16.5 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 present and voting.
16.6 Motions shall be seconded before being debated or put to a vote.
16.7 Every Motion shall be deemed to be in the possession of the Council for debate after it is accepted by the Mayor, but may, with the permission of the Council, be withdrawn at the joint request of the Mover and Seconder at any time before the Motion is disposed of.
16.8 When a Motion is under debate, no other Motion shall be in order except a Motion:
a) To adjourn;
b) To proceed beyond curfew;
c) To table;
d) To call the question (close the debate);
e) To postpone to a certain time (defer);
f) To refer;
g) To amend.
16.9 A Motion to adjourn shall:
a) Not be amended;
b) Not be debated;
c) Not include qualifications or additional statements; and,
d) Always be in order except when a Member is speaking or the members are voting or when made in Committee-of-the-Whole.
16.10 When a Motion to adjourn has been decided in the negative, no further Motion to adjourn shall be made until after some subsequent proceeding has taken place.
16.11 The Council shall always adjourn when there is no business before them or at curfew if in session at that hour, unless otherwise decided before that hour by a majority vote of the members present at the Meeting to go beyond that hour.
16.12 A Motion to proceed beyond the hour of curfew shall:
a) Not be amended;
b) Not be debated; and,
c) Shall always be in order, except when a Member is speaking or the
members are voting.
16.13 A Motion to table shall:
a) Not be amended;
b) Not be debated;
c) Apply to the main Motion and any
amendments thereto under debate at a
time when the Motion to table was made;
d) Not include qualifications or additional statements.
16.14 If a Motion to table is decided in the affirmative by a majority vote of the members present, then the main motion and any amendments thereto shall be removed for the Council's consideration until such time as a notice of motion to lift the matter from the table is filed with the Clerk. A Motion to take from the table is not debatable or amendable.
16.15 A Motion to call the question (close the debate) shall:
a) Not be amended;
b) Not be debated;
c) Apply to the Motion or amendment under
debate at the time when the
Motion to put the question is made;
d) Not be received in any Committee;
e) Be moved using the words "That the question now be called."
16.16 If a Motion to call the question is decided in the affirmative by a majority vote of the members present, then the preceding Motion or amendment shall be voted on immediately without further debate or comment.
16.17 A Motion to refer a matter under consideration to a Committee or the Administration or elsewhere shall:
a) Be open to debate;
b) Be amendable; and,
c) Preclude amendment or debate of the
preceding Motion, unless the
Motion to refer is resolved in the negative, in which case the preceding
Motion shall be open to debate and amendment.
16.18 A Motion to amend shall:
a) Be open to debate;
b) Not propose a direct negative to the main Motion;
c) Be relevant to the main Motion; and
d) Not be further amended more than once.
16.19 A Motion to postpone to a certain time (defer) shall:
a) Be open to debate;
b) Be amendable; and
c) Preclude amendment or debate of the
preceding motion, unless the
motion to Postpone to a certain time is resolved in the negative, in which
case the preceding motion shall be open to debate and amendment
16.20 When the Council amends a proposed zoning or re-zoning
By-Law after the
holding of a
Public Meeting as required by The Planning Act, the Council shall
immediately
vote on the question of whether or not any further notice is to be given in
respect of the proposed By-Law, as amended.
16.21 The question of whether or not any further notice is to be given shall be amendable and debatable.
16.22 The proposed zoning or re-zoning By-Law, as amended, shall not be introduced and enacted until the question of whether or not any further notice is to be given has been resolved.
VOTING PROCEDURES
17.1 A motion to amend an amendment to a Motion shall be voted on first.
17.2 Voting on the main Motion and amending Motions shall
be conducted in the
following
order:
a) A Motion to amend a Motion to amend the main Motion;
b) A Motion (as amended or not) to amend the main Motion;
c) The main Motion (as amended or not).
17.3 When the Motion under consideration contains two distinct propositions, upon the request of any Member, the Mayor or Chair shall divide the question and the vote upon each proposal shall be taken separately.
17.4 A Motion shall be put to a vote by the Mayor immediately after all members desiring to speak on the Motion have spoken in accordance with Section 14.7 of this By-Law.
17.5 After a Motion is put to a vote by the Mayor or Chair, no Member shall speak on that Motion, with the exception of the Mayor or Chair who may speak following a recorded vote or upon breaking a tie, after the result of the vote is announced by the Mayor or Chair. No other motion shall be made until after the result of the vote is announced.
17.6 Every Member of Council present at a Council Meeting when a question is put shall vote thereon, except where he/she is disqualified to vote by reason of a pecuniary interest or is absent from the Council Chamber when the question is put.
17.7 Every Member of Council who is not disqualified from voting by reasons of a declared pecuniary interest shall be deemed to be voting against the Motion if he/she declines or abstains from voting.
17.8 All votes shall be by show of hands, except when a Recorded Vote is requested. The manner of determining the decision of the Council on a Motion shall not be by secret ballot or by any other method of secret voting.
17.9 The Mayor shall announce the result of every vote after requesting both ayes and nayes. Upon the taking of any vote, if all of the members present when the vote is taken vote unanimously, the Mayor may direct the Clerk to record the vote accordingly.
17.10 If a Member disagrees with the number of votes for and against a Motion as announced by the Mayor, he/she may object immediately to the Mayor's declaration and, with the consent of the Council, the vote shall be re-taken.
17.11 When there is a tie vote on any Motion, it shall be deemed to have been decided in the negative.
17.12 When called for by any Member or when required by law, a Recorded Vote shall be taken by the Clerk, in random order and the results declared by the Clerk.
17.13 A Member may call for a Recorded Vote immediately prior to or immediately after the taking of the vote. A member may request a recorded vote on any question and when a members requests a recorded vote, each member present unless otherwise prohibited by Statute, shall announce his/her vote openly and individually in favour of or against the question. The Clerk shall record each member’s vote as having voted “Yes” or “No” and each members surname shall be noted in the minutes. After completion of the vote, the Clerk shall announce the results. If during the roll call vote, any member present refuses to vote or fails to vote, he/she shall be deemed and recorded as voting against the question.
17.14 When a Recorded Vote is taken, the names of those who voted for and against the Motion shall be entered in the Minutes.
17.15 In any vote required of the Whole Council, the number
of members constituting
the
Council shall be determined by excluding:
a) the number of members who are present
at the Meeting but who are
excluded by voting by reasons of The Municipal Conflict of Interest Act;
b) the number of seats that are vacant on
the Council by reasons of Section
259 of The Municipal Act.
RECONSIDERATION:
18.1 A Motion to reconsider a decided matter shall only be introduced by a Member who voted with the majority on the original Motion. Before accepting a Motion to reconsider, the Mayor may ask the Member to confirm that he voted with the majority on the issue in question.
18.2 A Motion to reconsider a decided matter shall require the approval of at least two-thirds of the Whole Council.
18.3 No Motion for reconsideration of any decided matter shall be permitted more than once during a period of twelve months following the date on which the question was decided.
18.4 If a Motion to reconsider is decided in the affirmative at a Meeting, then consideration of the original matter shall become the next order of business.
18.5 No debate on a Motion to reconsider a decided matter shall be permitted; however, the Mover of a Motion to reconsider may provide or may make a brief and concise statement outlining the reasons for proposing such reconsideration.
ENACTMENT OF BY-LAWS
19.1 The Clerk shall specify the title of all the By-Laws to be introduced. Every By-Law when introduced shall be in typewritten form and shall contain no blanks except such as may be required to confirm to accepted procedure or to comply with provisions of any Act and shall be complete with the exception of the number a date thereof.
19.2 Every By-law shall receive three readings before being passed.
19.3 The first reading of a By-law shall be decided without amendment or debate.
19.4 By-Law may be given all three readings at the same
Meeting, except when
requested
otherwise by motion passed by the majority of the members present or as
otherwise provided in law.
19.5 By-Laws may, by a majority vote of the members present, be referred to
the
Council-in
Committee or a Communications Meeting for consideration, prior to third reading
of a By-law.
19.5 By-Laws may, by a majority vote of the members present, be referred to
the
Council-in Committee or a Communications Meeting for consideration, prior to
third reading of a By-law.
19.6 When By-Laws have been referred to the Council-in-Committee or a Communications Meeting, its recommendations shall be put to a vote immediately following the adoption of the Council-in-Committee Report.
19.7 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 Mayor and the Clerk and shall be deposited in the vault by the Clerk for safekeeping.
COUNCIL-IN-COMMITTEE IN CLOSED SESSION
20.1 Whenever a majority of the members present decide
that the Council should resolve into a Closed Session of the
Council-in-Committee, the Mayor as Chair shall maintain order during the
Meeting and shall report the proceedings thereof
to the Council.
20.2 All "Closed Session" items of Council shall be discussed in Meetings of the Council-in-Committee.
20.3 The rules governing the procedure of the Council and
the conduct of its members
shall be
observed in the Closed Session of the Council-in-Committee with necessary
modifications except that:
a) The number of times of speaking on any question shall not be limited;
b) No Recorded Vote shall be permitted;
c) A Motion to put the question shall not be permitted;
d) A Motion to adjourn shall not be
permitted, except when meeting apart
from Regular Meetings.
e) Any direction to staff or an agent at
a closed meeting be included in a
resolution, duly moved and seconded, and passed by a majority of the
members present.
20.4 The Minutes of the closed session will be recorded at outlined in Section 9.2 of this By-law.
20.5 Any actions of the Closed Session of the Council-in-Committee Meeting
shall be
reported by
the Mayor as soon as the Regular Council Meeting reconvenes into Open
Session.
COMMITTEES
21.1 Procedure:
A committee will conform to the rules governing
protocol and procedures for
Council-in-Committee meetings, unless noted otherwise in this Part.
21.2 Establishment-Appointment:
a) Council establishes Local Boards and
Council Committees to help support
their work. Some are discretionary and others are mandatory as required
by legislation.
b) The names of members required to serve
on the Council Committees,
Boards, Commissions or other bodies to which Council is required or
empowered to appoint persons, will be determined by Council in an
inaugural, regular or special meeting.
c) Council may appoint members to any
Local Boards or Council
Committees to act in the place of any members thereof who, by reason of
illness or absence from the Municipality, are unable to attend the meetings
of the Council Committees or who resign before their terms of office have
expired.
21.3 Local Boards:
Local Boards are appointed by Council by By-Law and/or Statute to fulfill their obligations under the same.
21.4 Standing Committees:
Standing Committees of Council are committees that consist of at least 50% of the membership consisting of members of Council, which are appointed by Council under Statute or By-law.
21.5 Council Advisory and Program Committees:
The duties of Advisory Committees, which may be created by Council, shall be to report and to make recommendations to Council on all matters relating to their terms of reference or that have been referred to them. Advisory Committees will generally have one representative appointed from Council.
21.6 Special Purpose Committees:
The duties of Special Purpose Committees, appointed by the Mayor and confirmed by Council By-Law or Resolution, shall report to Council on any matters relating to their terms of reference or that have been referred to them.
21.7 Mayor-Ex-officio:
The Mayor is an ex-officio member of every Council Committee. Where a Council Committee is established by reference to a particular number of members without specifically providing for the membership of the Mayor, such number is automatically increased by one, being the Mayor, as provided under this Section.
The Mayor may vote and otherwise participate without any restriction in the business of the committee on the same basis as any other committee member.
21.8 Terms of Reference:
Subject to the provision of any general or special Act, the Council, in establishing any Council Committee, will set forth terms of reference and such other provisions as the Council deems proper.
Council may consider any matter without referring it to a Council Committee or may refer it to one or more committees or refer it to the Committee-in-Council or Committee-of-the- Whole Meeting, and may withdraw a matter from a Council Committee whether or not the Council Committee has entered into consideration.
21.9 Quorum:
A majority of the members of a Local Board or Council Committee shall be a quorum. The Mayor is a member to be included in determining the quorum.
21.10 Committee Chair:
Annually, each committee at its first meeting will appoint a Committee Chair and Committee Vice-Chair from among its members. Each committee will have the authority to alter the time of its meetings and to hold special meetings so that where possible it will not conflict with meetings of Council.
21.11 Attendance:
Members of Council may attend meetings of any Advisory Committee of which they are not members, but shall not have the privilege of voting and may not address the Committee without the permission of the Chair.
21.12 Minutes:
The Minutes of all Council Committees shall be recorded according to the process set out in Section 21.5, forwarded to Council to be received as information. The Clerk or a person appointed a Clerk will be the recording secretary for all Standing Committees of Council.
DISCLOSURES OF PECUNIARY INTEREST
22.1 If a Member or Council Committee member has any pecuniary interest, direct or indirect, in any matter in which the Council is concerned and if he/she is present at a Meeting at which the matter is the subject of consideration, he/she shall disclose his/her interest and the general nature thereof and shall not take part in the consideration or the discussion of the matter nor vote on any Motion in regard to the matter. He/She shall leave his/her chair and may sit in the gallery for an Open session of Council and shall leave the council room for a “Closed session of Council. If a Member is not present and has any pecuniary interest, he/she shall disclose his/her interest at the next meeting in attendance.
22.2 Notwithstanding the quorum requirements of this By-law, when a majority of the members has disclosed an interest in accordance with Section 22 .1 of this By- Law and the Municipal Conflict of Interest Act, the remaining number of members shall be deemed to constitute a quorum, provided such number is not less than two.
CONFIRMING BY-LAW
23.1 The proceedings at every Regular and Special Meeting shall be confirmed by By-Law so that every decision of the Council at that Meeting and every Resolution passed thereat shall have the same force and effect as if each and every one of them had been the subject matter of a separate By-Law duly enacted.
QUESTION PERIOD
24.1 Question period shall be available to ask questions of Council regarding any items relevant to the business discussed during the meeting. No new matters of business may be brought up, nor is there to be debate or restating of positions during the question period.
24.2 Question period shall be limited to a total time allotment of ten (10) minutes.
TRAINING OF MEMBERS OF COUNCIL:
25.1 The Municipality will support the attendance of each member of council at one (1) convention per year.
25.2 Attendance at Public meetings, training meetings, workshops and the annual Huron County Municipal Officers meeting will be encouraged.
25.3 A motion of Council is required for Item 25.1 and 25.2.
REPEAL
26.1 Morris Turnberry By-Law No. 13-2004 and any amendments are hereby repealed in their entirety.
ENACTMENT
26.1 The effective date of this By-law shall be the date of final passage thereof.
Read a First and Second Time and Passed on the 3rd day of August, 2010
Read a Third Time and Finally Passed on 3rd day of August, 2010.
________________________
Dorothy Kelly, Mayor
________________________
Nancy Michie, Clerk
Schedule ‘A’ of By-law No. 69-2010
Gifts and Benefits
Disclosure Sheet for the Members of Council
Description of Gift or Benefit Giftor Recipient Value