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