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Procedural By-law

This document contains rules and regulations that must be observed in all proceedings of the Council.

BY – LAW# 2001 – 89

BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL, THE CONDUCT OF IT’S MEMBERS AND THE CALLING OF MEETINGS.

WHEREAS, pursuant to Section 55 of the Municipal Act, R.S.O. 1990 Chapter M. 45, as amended by the Planning and Municipal Statue Law Amendment Act, 1994, every Council and local board shall adopt a Procedure By-law to govern the calling, place and proceedings of meetings;
AND WHEREAS, pursuant to Section 69(3) of the Municipal Act, R.S.O. 1990 Chapter M.45, as amended, authorizes the Council of every municipality to pass by-laws for governing the proceedings of its council, and conduct of its members and the call of meetings.

NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF CENTRAL FRONTENAC HEREBY ENACTS AS FOLLOWS:

1. DEFINITIONS

(a) “Municipality” means the Corporation of the Township of Central Frontenac;

(b) “Council” means the Municipal Council of the Corporation of the Township of Central Frontenac;

(d) “Holiday” means any holiday identified in the benefit package for employees;

(e) “Member” means a member of the Municipal Council of the Corporation of the Township of Central Frontenac;

(f) “Calendar Year” means the period from January 1st of any year to and including December 31st of the same year;

(g) “Recorded Vote” means the recording of the name and vote of every member voting on any matter or question;

(h) “Closed Meeting Session” means a closed session of the Council or committee and shall include all members of Council or the committee and such members of municipal staff, municipal consultants and members of the public as deemed necessary by the Council or committee.

2.

The rules and regulations contained in this By-law shall be observed in all proceedings of the Council and shall be the rules and regulations for the dispatch of business by Council and its committees.

3. INAUGURAL MEETING

The first meeting of a newly elected Council after a regular municipal election shall be held on the first Monday in December and the meeting shall be held at 11 o’clock in the forenoon or at such hour as may be fixed by by-law. The Mayor-elect and the Clerk-Administrator shall be responsible for the content of the agenda for the inaugural meeting and the arrangements for the inaugural proceedings, including the appointment of the officiating clergy.

4. REGULAR MEETINGS

(a) Regular meetings of Council will be held in the Council Chambers on the second Monday of each month at 7:00 p.m. and the fourth Tuesday of each month at 9:00 a.m. Where these dates fall on a Holiday the meeting will be held of the day following which is not a Holiday.

(b) Council may, by resolution, alter the location, date and/or time of a regular meeting provided that no less than 24-hour notice of the change is posted.

(c) Regular meetings of Council shall adjourn no later than 10:00 p.m. on the evening meetings and 12:00 noon on the morning meetings unless a resolution is passed by a majority of the members to suspend this requirement, after which adjournment shall occur as determined by Council.

5. SPECIAL MEETINGS

(a) The Head of Council may at any time summon a special meeting of Council;

(b) The Clerk-Administrator shall summon a special meeting upon receipt of a petition of the majority of the Council members for the purpose and at the time and date mentioned in the petition;

(c) The Special Meeting as identified in (a) and (b) shall be held not sooner than twenty four (24) hours following the Head’s summons or receipt of the petition, as the case may be, and the Clerk shall provide notice of the special meeting immediately following receipt of the summons or petition. Notice may be given by telephone or personal contact as determined by the Clerk-Administrator.

(d) Notwithstanding the notice of requirement set out above, in the event of a bona fide emergency, the meeting may be held as soon as practical following receipt of the summons or petition, as the case may be and notice may be given by telephone or personal contact as determined by the Clerk-Administrator.

(e) The notice calling a special meeting of Council shall state the business to be considered at the special meeting and no business other than that stated in the notice shall be considered at such meeting, except with unanimous consent of all members present at such meeting.

(f) Unless otherwise specified in the notice described above a special meeting shall be held in the Council Chambers.

6. ORDER OF PROCEEDINGS IN COUNCIL

(a) As soon after the hour fixed for the meeting as there is a quorum present, the Mayor shall take the chair and call the members to order. A majority of the members of the council shall constitute a quorum.

(b) If no quorum is present 15 minutes after the time appointed for the Council or committee meeting, the Clerk or Committee Secretary shall record the names of the members present and the meeting shall stand adjourned until the date of the next regular meeting or until rescheduled.

7. CLOSED MEETINGS OF COUNCIL

(a) All Council and Committee meetings shall be open to the public.

(b) Notwithstanding Paragraph 7(a) above, a meeting of Council or a Committee may be closed to the Public if the subject matter being considered relates to:

(i) the security of the property of the Township or local board;

(ii) personal matters about an identifiable individual including municipal or local board employees;

(iii) A proposed or pending acquisition of real property for municipal or local board purposes:

(iv) Employee negotiations or labor relations;

(v) Litigation or potential litigation including matters before administrative tribunals, affecting the Township or local board;

(vi) A matter in respect of which Council, a Committee of Council or a local board has authorized a meeting to be closed under an Act of the Legislature or an Act of Parliament;

(vii) The receiving of advice that is subject to solicitor – client privilege, including communications necessary for that purpose;

(i) the fact of the holding of the closed meeting;

(ii) the general nature of the matter considered at the closed meeting;

(d) Subject to subsection (e) a meeting shall not be closed to the public during the taking of a vote.

(e) Despite subsection 7(a) a meeting may be closed to the public during a vote if,

(i) Subsection 7(b) permits or requires a meeting to be closed to the public and,

(ii) The vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Township or persons retained by or under contract with the Township.

(f) Meetings which are closed to the public may be referred to as “in-camera meetings”

8. AGENDAS AND SUPPORTING MATERIAL

1. The Clerk-Administrator shall be responsible for preparation of agendas of Council and Committee meetings.

2. Insofar as is practical, Council agendas, along with supporting material, shall be prepared and made available to members by noon on the Friday prior to a regular meeting.

3. Individuals or groups wishing to appear before Council at a regular meeting shall advise the Clerk-Administrator not later than noon on the Thursday prior to the meeting and the Clerk-Administrator may make a determination as to deferral of delegations to a subsequent meeting. The Clerk-Administrator shall suggest to the individual or groups that a written submission be presented to include with the supporting material.

4. Agendas shall be generally formatted as follows but modifications to the matters to be included or the order of business may be effected without requiring an amendment to this By-law:

5. Call to order

6. Approval of Agenda

7. Disclosure of Pecuniary Interest

8. Minutes of Previous Meeting

9. Delegations

10. Unfinished/Old Business and business arising from the minutes

11. New Business

12. By-laws

13. Information Reports

14. In Camera Issues

15. Motion resulting from notice of motion

16. Notice of Motion

17. Other Business

18. Adjournment

19. The business of the Council shall be taken up in the order as listed on the agenda unless otherwise decided by the majority of Council.

20. Notices of Motion shall be in writing, signed by the mover and seconder and shall be received by the Clerk-Administrator not later than noon on the Thursday preceding the next regular meeting and shall be printed in full in the agenda.

21. All matters to be placed on the agenda shall be delivered to the Clerk-Administrator by noon on the Thursday preceding the next regular meeting of council.

9 MOTIONS / RULES OF DEBATE

(a) Any motion may be introduced without notice if Council, without debate, agrees on a majority vote to dispense with notice.

(b) A motion must be formally seconded before the question can be put on a motion recorded in the minutes.

(d) Once read or stated by the Mayor or presiding officer a motion may not be withdrawn without the consent of the majority of the members.

(e) Immediately prior to voting on a motion, the Mayor or presiding officer shall state the question in the precise form it is to be recorded in the minutes, including any amendments to the question.

(f) A motion to amend shall:

(i) be presented in writing;

(ii) be dealt with by Council before a previous amendment of the main motion;

(iii) Not be further amended more than once provided that further amendment may be made to the main motion;

(iv) Be relevant to the main motion;

(v) Not propose a direct negative to the main motion.

(g) After a motion as amended is finally put, no member shall speak to the question nor shall any other motion be made until after the vote is taken and the result is declared.

(h) Members shall not speak more than once to the same question without the consent of the Mayor or presiding officer.

(i) On an unrecorded vote, the manner of determining the decision on a motion shall be at the discretion of the Mayor or presiding officer and may be by show of hands or standing.

(j) Where a vote is taken for any purpose and a member requests, before or after the vote, that the vote be recorded, each member present, except a member disqualified from voting by any Act, shall, in an order determined by the Mayor or presiding officer, announce their vote openly, and any failure to vote by a qualified member shall be deemed to be a negative vote and the Clerk-Administrator shall record each vote.

(k) Except where expressly provided in Statute, any question on which there is an equality of votes shall be deemed to be defeated.

(l) Any member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a member while speaking.

(m) The following motions may be introduced without notice and without leave but such motions shall be in writing and signed:

(i) to refer;

(ii) to adjourn;

(iii) to suspend the rules of procedure

(n) All motions shall be in written form and signed by the mover and seconder.

(o) After a motion is read or stated by the Mayor, it shall be deemed to be in possession of Council but may, with the permission of Council, be withdrawn at any time before decision or amendment, and the effect would be the same as if the motion had not been made.

10. RECONSIDERATION OF COUNCIL DECISIONS

(a) RECONSIDERATION – It is in order at any time during the day on which a motion has been acted upon, or the next succeeding day to move to “Reconsider the Vote” and have such motion entered on the record. It must be moved by a member who voted with the prevailing side and can be seconded by any member. If the vote is not reconsidered on the day it was taken, and no meeting is held the next day, then it cannot be reconsidered at the next meeting.

(b) TABLED – To lay a motion on the table means the motion is not debatable and cannot be amended or have any other subsidiary motion applied to it. It removes the subject from consideration until Council votes to take it from the table.

(c) RESCIND – a motion to rescind requires a two-thirds vote if notice of the motion to be proposed has not been given at the preceding meeting or in the call of the meeting. A motion to rescind is not in order if action has already been taken which cannot be undone.

11. READING OF BY-LAWS AND PROCEEDINGS THEREOF

(a) Where a by-law has been printed and circulated to members of Council for their consideration prior to the Council meeting, the Clerk-Administrator will be required to read only the title of the by-law during the various reading of the by-law.

(b) At the Council meeting, by-laws shall be constituted as follows:

(i) Motion authorizing the reading of a by-law a first and second time.

(ii) Council may amend, alter, or change clauses of the by-law by resolution before

the final reading.

(iii) Motion authorizing the reading of the by-law a third and final time.

(c) Notwithstanding the foregoing, a by-law that has not been printed and circulated to members of Council for their consideration prior to the council meeting may be introduced to Council upon the affirmative vote of two-thirds of the members present.

(d) After a by-law has passed the Clerk-Administrator shall be responsible for its correctness, including amendments thereto and the date of several readings.

(e) By-laws shall be signed by the Mayor and Clerk-Administrator as having been

passed by Council and authenticated with seal of the Corporation.

12. MINUTES OF COUNCIL

(a) There shall be attached to every resolution of the proceedings of the council a progressive marginal number in each year.

13. DUTIES OF THE MAYOR

It shall be the duty of the Mayor or other presiding officer;

(a) to open the meeting by taking the chair and calling the members to order;

(b) to announce the business before Council in the order in which it is to be acted upon;

(c)to receive and submit, in the proper manner, all motions presented by the members;

(d) To decline to put to vote motions which infringe upon the rules of procedure;

(e) To enforce on all occasions the observance of order and decorum among the members;

(f) To call by name any member persisting in breach of the rules of order to the Council thereby ordering the member to vacate the Council Chambers;

(g) To authenticate by signature all By-laws, resolutions and minutes of the Council

(h) To inform the Council when necessary or when referred to for the purpose, on a point of order or usage;

(i) To select the members of Council who are to serve on Committees in cooperation with Council;

(j) To represent and support the Council, declaring its will and implicity obeying its decisions in all things;

(k) To ensure that the decisions of Council are in conformity with the laws and By-laws governing the activities of the Municipal Corporation;

(l) To adjourn or recess the meeting without question in the case of grave disorder arising in the Council Chamber;

(m) To order any individual or group in attendance at the meeting to cease and desist any behavior which disrupts the order and decorum of the meeting and to order the individual or group to vacate the Council Chamber where such behavior persists;

(n) To wear the Chain of Office during regular council meetings.

14. Duties of the Deputy Mayor

A deputy Mayor shall be appointed on an annual basis by resolution of Council from among the elected members. The Deputy Mayor shall not be a member elected from the same electoral district as the Mayor.

(a) The Mayor shall preside at all meetings of the Council.

(b) When the Mayor is absent or refuses to act, or the office is vacant, the Deputy Mayor shall act in the place and stead of the head, while so acting, the Deputy Mayor has and may exercise all the rights, powers and authority of the Mayor.

15. Conduct of Members of Council

No member shall

(a) use offensive words or unparliamentary language in or against the Council or against any member, staff or guest;

(b) disturb another, or the Council, staff or guest, by any disorderly or disconcerting conduct;

(d) resist the rules of Council or disobey the decision of the Mayor or presiding officer or of Council on questions of order or practice or upon the interpretation of the rules of Council;

(e) leave a meeting without first obtaining permission from the mayor or presiding officer;

(f) be permitted to retake his/her seat after being ordered to vacate, having committed a breach of any rule of the Council, until the next meeting and without making an apology to Council.

(g) Interrupt the member who has the floor except to raise a point of order;

(h) Smoke in the Council Chambers during council meetings.

EVERY MEMBER SHALL

1. Come prepared to every meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the meeting. Whenever possible, Council members shall make inquiries of staff regarding materials supplied in advance of the meeting.

2. Members shall resist the temptation to become involved in staff work or to direct staff in the performance of their duties;

16. CONDUCT OF STAFF

Staff shall:

(a) Avoid becoming involved in Councils’ policy-making role;

(b) Strive to provide the most accurate and up-to date information and technical advice, to be presented in the form of staff reports to Council or committees. If requested by Council or the committee members, these written reports may be augmented by verbal presentation at a meeting.

(d) Staff shall be encouraged to provide Council their opinion with respect to the effectiveness of particular council policies or programs and to identify any possible improvements thereto.

17. GENERAL

(a) No person shall be allowed to address Council or speak in debate without permission of the Mayor or presiding officer;

(b) When the Mayor is absent on a temporary basis, under no circumstances shall the Council make a decision regarding capital spending unless provision for the capital spending is included in the estimates for that given year as approved by By-law or unless the expenditure is required as a result of an emergency;

(c) In all matters and under all circumstances the members shall be guided by and shall have regard for the Municipal Conflict of Interest Act;

(d) Individuals or groups which are listed on an agenda or are otherwise approved to appear before council shall be limited to not more than fifteen (15) minutes except that a delegation consisting of more than five (5) persons shall be limited to two (2) speakers each limited to not more than ten (10) minutes.

(e) Following a regular or new election, the Clerk-Administrator shall provide each member of Council with a copy of this By-law, including any amendments thereto.

(f) Any procedure under this By-law which is discretionary and not mandatory under statute may be suspended with the consent of a majority of the members present.

(g) No amendment or repeal of this by-law or any part thereof shall be considered at any meeting of the council unless notice of the proposed amendment or repeal is given at a previous regular meeting of the council and the waiving of notice is prohibited.

(h) The Mayor (except where disqualified from voting by reason of conflict of interest or otherwise) may vote with the members on all questions;

(i) Every member, staff and guest when speaking to any question, motion or issue shall respectfully address the Mayor or other presiding officer.

(j) When a member is speaking no other member shall leave his/her seat without permission of the Mayor;

(k) The Mayor shall be an ex-officio member of all committees and special committees of Council, unless otherwise determined by Council.

This by-law repeals By-Law # 1998-9

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