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HomeMy WebLinkAboutBy-law No. 2014-103 RULES OF PROCEDURE FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AS ADOPTED BY BY-LAW NO. 2014-103 TABLE OF CONTENTS- PROCEDURAL BY-LAW MUNICIPALITY OF BAYHAM SECTION TITLE 'I DEFINITIONS AND INTERPRETATION 2 GENERAL PROVISIONS 3 DUTIES OF COUNCIL 4 MEETINGS 5 AGENDAS AND MINUTES 6 ORDER OF PROCEEDINGS-COUNCIL 7 ORDER OR PROCEEDINGS-PUBLIC MEETING 8 DELEGATIONS 9 RULES OF DEBATE AND CONDUCT 10 MOTIONS 11 VOTING ON MOTIONS 12 CONDUCT OF AUDIENCE 13 ADMINISTRATION SCHEDULE "A" CODE OF CONDUCT- MEMBERS OF COUNCIL BY-LAW NO. 2014-103 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF THE COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND OF ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings; AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its Members and the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto; NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as follows: Section 1 — DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: 1.1.1 "Acting Head of Council"shall mean the Deputy Mayor when the Mayor is absent or refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy Mayor are absent or refuse to act or the offices of the Mayor and Deputy Mayor are vacant, the member of Council who is appointed by Council to act from time to time in the place and stead of the Mayor and who shall exercise all of the rights, powers and authority of the Head of Council while so acting. 1.1.2 "Ad Hoc Committee" shall mean a special purpose committee of limited duration, appointed by Council to consider a specific matter and which is dissolved automatically upon submitting its final report to Council, unless otherwise directed by Council. 1.1.3 "Administrator" shall mean the Administrator of the Corporation of the Municipality of Bayham. 1.1.4 "Advisory Committee" shall mean a committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. 1. .5 "Chair" in the case of the Council shall mean the Mayor, Deputy Mayor or the Member appointed to act as Chair during the absence of the Mayor and Deputy Mayor from a Meeting or a portion of a Meeting. While acting as Chair the Member shall exercise all of the powers and responsibilities of the Mayor under this Procedural By-law. In the case of the a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing, Chair shall mean the Mayor, Deputy Mayor or the Member, whoever presides over a portion of the Meeting of the Statutory Public Meeting, Public Meeting or a Court of Revision Hearing as provided for in this Procedural By-law. In the case of an Ad Hoc Committee or Advisory Committee, Chair means the Member appointed as such by the Committee. 1.1.6 "Clerk" shall mean the Clerk of the Municipality of Bayham and includes the Deputy Clerk and any official of the Municipality appointed by Council to exercise the power(s) of the Municipal Clerk-in the absence of the Clerk or Deputy Clerk. 1.1.7 "Committee" shall mean a committee of Council and includes Standing Committees, or sub-committees of the Standing Committees. 1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the Council of the Municipality of Bayham to the Committee of Adjustment pursuant to the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended. 1.1.9 "Council" shall mean the Council of the Corporation of the Municipality of Bayham. 1.1.10 "Councillor" shall mean a person elected or appointed as a Member of Council but does not include the Mayor. .1.11 "Delegation" shall mean a person or group of persons desiring to verbally present information or to make a request to Council. 1.1.12 "Deputy Mayor" shall mean the Member of Council who is elected to the position and who, in the absence of the Mayor, shall exercise the powers and responsibilities of the Mayor provided for in this By-law or any other by-law or statute. 1.1.13 "Holiday" shall mean a holiday as defined by the Legislation Act, 2006 S.O. 2006, c. 21, Schedule F as amended or replaced from time to time. 1.1.14 "Local Board" shall mean a local board as defined in the Municipal Act, S.O.2001, c.25 as amended. 1.1.15 "Mayor" shall mean the Head of Council for the Municipality. 1.1.16 "Meeting" shall mean any Regular or Special Meeting of Council, including a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing. 1.1.17 "Member" shall mean a Member of the Council of the Corporation of the Municipality of Bayham, and includes the Mayor. 1.1.18 "Motion" shall mean a question or proposal to be considered by Council and which is moved and seconded and is subject to debate. When a Motion is adopted, it becomes a Resolution. 1.1.19 "Municipal Act" shall mean the Municipal Act, 2001, (S.0.2001, c. 25), as amended or replaced from time to time. 1.1.20 "Municipality" shall mean the Corporation of the Municipality of Bayham. 1.1.21 "Newspaper" shall mean a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than one week, consisting in great part of news of current local events of general interest and made available to the public. 1 1.22 "Pecuniary interest" shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.0.1990, chapter M.50, as may be amended. 1.1.23 "Planning Act" shall mean the Planning Act, R.S.O. 1990, c.P. 13, as amended. 1.1.24 "Point of Order" shall mean a statement made by a Member during a Meeting drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure. 1.1.25 "Point of Privilege" shall mean the raising of a question that concerns a Member, or all of the Members of Council, when a Member believes that his rights, immunities or integrity or the rights, immunities or integrity of Council or staff as a whole have been impugned. 1.1.26 "Presiding Member" shall mean the Mayor or Acting Mayor or Chair of the Meeting. 1.1.27 "Quorum" shall be as defined in Section 4.9 herein. 1.1.28 "Recorded Vote" shall mean the written record of the name and vote of every Member present when the vote is called on any matter or question during a Meeting of Council. 1.1.29 "Resolution" shall mean a formal expression of opinion or intention by Council. 1.1.30 "Rules of Procedure" shall mean the rules and requirements contained within this Procedural By-law. 1.1.31 "Vice Chair" shall mean such Member of a Committee who has been appointed to act in the place and stead of the Committee Chair when such Chair is absent from a meeting of the Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. 1.1.32 "Website" shall mean the Municipality of Bayham website address identified as_ www.bavham.on.ca 1.2 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular shall include the plural, and vice- versa, as the context requires. Section 2 - GENERAL PROVISIONS 2.1 Applicability 2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Meetings and shall be the rules and requirements which govern the order of their business. 2.2 Suspension of Rules and Procedures 2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this Section may be temporarily suspended by a vote of three-quarters (3/4) of the Members present and voting: a) rules about a change to the order of procedure in the Agenda content; b) rules about delegation status; c) rules about the increase or decrease of delegation speaking time and debate limitations. 2.3 Issue not Addressed 2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be decided by the Mayor, Deputy Mayor or Chair, subject to an appeal to the Council. 2.3.2 All points of order or procedure not provided for in these Rules of Procedure shall be decided in accordance with the rules of procedure known as Robert's Rules of Order. 2.4 Video Equipment, Recording Devices and Cellular Telephones 2.4.1 The use of cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory or visual means by accredited and other representatives of any news media or members of the general public is permitted only with the approval of Council. 2.4.2 Cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature shall be turned off immediately if requested by a member of the audience wishing to speak to Council. 2.4.3 All communication devices shall be switched to `silent' upon entering the location where any Council Meeting is being held. Section 3- DUTIES OF COUNCIL 3.1 Duties of the Mayor 3.1.1 It shall be the duty of the Mayor, or acting Head of Council, to carry out the responsibilities of a head of council set forth in the Municipal Act, in addition to the following responsibilities: a) to open the Meeting of Council by taking the Chair and calling the Members to order; b) to announce the business before the Council in the order in which it is to be acted upon; c) to receive and submit, in the manner prescribed by this Procedural By-law, all motions presented by Members; d) to recognize any Member who wishes to speak and to determine the order of speakers; e) to put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of the proceedings and to announce the results; f) to decline to put to vote motions which contravene the provisions of the Procedural By-law; g) to enforce the provisions of the Procedural By-law; h) to enforce on all occasions the observance of order and decorum among the Members; i) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the Council Chamber, or the place of Meeting, as the case may be; j) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting and, if necessary, to direct the Municipal Clerk to seek appropriate assistance from the Ontario Provincial Police Service; k) to authenticate, by signature, all By-laws and Meeting minutes; I) to rule on any points of order raised by Members of Council; m) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things; n) to adjourn the Meeting when the business is concluded, or if considered necessary by the Mayor because of grave disorder, to adjourn the sitting without putting to the vote any question, or suspend the sitting for a time to be named. 3.1.2 By virtue of his office, the Mayor is appointed as an ex-officio member of Advisory Committees and Municipal Service Boards. 3.2 Duties of the Deputy Mayor 3.2.1 Where the Mayor gives notice to the Municipal Clerk that he will be absent from the Municipality, or of his absence through illness, or his office is vacant, or he refuses to act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so acting, has and may exercise all the rights, powers and authority of the Head of Council. 3.3 Participation of Chair in Debate 3.3.1 The Chair who presides over any part of a Meeting may state relevant facts and the Chair's position on any matter before Council without leaving the chair, which may take place immediately prior to the vote, but it shall not be permissible for the Chair to move a motion or debate without first leaving the chair. 3.3.2 If, during a Meeting of Council, the Mayor desires to leave the chair to move a motion or take part in the debate pursuant to Section 3.3.1, or otherwise, the Mayor shall call on the Deputy Mayor or, in his absence, the Acting Head of Council to preside until the Mayor resumes the chair. 3.4 Duties of the Members of Council 3.4.1 It shall be the duty of the Members to carry out the role of council as set forth in the Municipal Act, in addition to the following responsibilities: a) to deliberate on the business submitted to Council; b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law; c) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things d) to Chair the portion a Meeting for which he is the appointed Chair and assume the duties of the Mayor as detailed in Section 3.1.1; and e) to apply and respect the Rules of Procedure. 3.4.2 Council Members shall adhere to the Council Code of Conduct attached hereto as Schedule "A" to this Procedural By-law, as adopted by Council and as amended from time to time. Section 4- MEETINGS 4.1 Place of Meeting 4.1.1 Unless otherwise directed by Council, all Regular and Special Meetings shall be held in the Council Chambers of the Municipal Office at 9344 Plank Road, Straffordville, Ontario. 4.2 Inaugural Meeting 4.2.1 The Inaugural Meeting of the Council shall be held on the first Thursday in December, in a year in which a municipal election is held, at a time determined by the Head of Council-Elect and the Clerk. 4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto. 4.3 Regular Meetings 4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of each month commencing at 7:00 p.m., unless such a day is a Holiday, or on such other day and time as may be determined from time to time by resolution of Council. 4.3.2 Where a change is made to the day and time of a Meeting of Council, the Clerk shall notify the Mayor, give notice of the change to all Members in the manner set forth in Section 4.4.3 and provide notice to the Public by posting notice on the Municipal website and at the Municipal Office. 4.4 Special Meetings 4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a Special Meeting of Council by giving direction to the Clerk stating the date, time and purpose of the Special Meeting. 4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do so in writing by a majority of Members, at the time mentioned in the request. 4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at least twenty-four(24) hours before the time appointed for such Meeting and shall be delivered electronically via e-mail to their respective Municipal e-mail address. a) The written or verbal notice shall indicate the nature of the business to be considered at the Special Meeting as well as date, time and place of the Meeting. 4.4.4 No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting except with the unanimous consent of all Members present and voting at such Meeting. 4.4.5 All Special Meetings of Council shall be held at the location of the last Regular Meeting of Council unless an alternative location is specified in the notice of Special Meeting. 4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of holding a Special Meeting or any action taken thereat where all Members are present at the Meeting or where any Member or Members who are absent consent to the holding of such Meeting and so inform the Clerk. 4.5 Emergency Meeting 4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, an emergency Special Meeting of the Council may be called by the Mayor without advance notice being given by the Clerk pursuant to this By-law, to consider and deal with such urgent and extraordinary matters. a) In this case, the consent of two-thirds (2/3)of the Members to hold such a Meeting without advance notice is necessary and such consent, if any, shall be recorded in the minutes by the Clerk. 4.5.2 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, Council may, by Resolution, authorize the holding of a Regular or Special Meeting at a location outside the Municipal boundaries. 4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings, Hearings or Information Sessions Held Under the Planning Act, Development Charges Act and Other Applicable Legislation 4.6.1 Council from time to time may conduct Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session for any purpose giving such Notice as may be deemed necessary or required by law, or the Municipality's Public Notice Policy, as amended from time to time. 4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session the Rules of Procedure outlined herein shall govern. 4.7 Meetings Open to Public 4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.7.2 The Mayor or Chair may request that members of the public vacate the Council Chambers if their behaviour is deemed to be disruptive to the business at hand. The Mayor or Chair may unilaterally suspend the Meeting until order is restored in the Council Chambers. 4.8 Closed Meetings 4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public. 4.8.2 Council may, by resolution, close a Meeting or part of a Meeting to members of 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 and Local Board Employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality; 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 is authorized by another provincial statute to hold a closed meeting; h) information which is prohibited from being made public under the Municipal Freedom of Information and Protection of Privacy Act. 4.8.3 A motion by Council to close a Meeting or part of a Meeting to the public shall state: a) the fact of the holding of the closed Meeting; and b) the general nature of the subject matter to be considered at the closed Meeting. 4.8.4 Where a Meeting or part of a Meeting is closed to the public, Council shall request those persons not specifically invited to the closed Meeting to vacate Council Chambers, or such room in which the Meeting is being held, as the case may be. 4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except where permitted by law including, without limitation, Section 239(6) of the Municipal Act, which allows a Meeting to be closed to the public during a vote pursuant to sections 239 (2) or(3) and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Municipality or persons retained by or under a contract with the Municipality, and Council deems that it is in the best interests of the Municipality to do so. 4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for the acquisition or disposal of land, including the sale of road allowances, shall be conducted in open session. 4.8.7 The Motion to rise from "In Camera" shall include the time that Council arose. 4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting of Council when it is closed to the public. 4.8.9 Members shall ensure that confidential matters disclosed to them during closed Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Council Code of Conduct. 4.9 Quorum 4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority of Members present and voting is necessary to carry a resolution. 4.9.2 A quorum of an Ad Hoc Committee shall be a majority of the Members of the Ad Hoc Committee. 4.9.3 If a Quorum is not present within thirty(30) minutes after the time appointed for the Meeting, the Clerk or designate shall record the names of the Members present and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law. 4.10 Education and/or Training Sessions 4.10.1 An Education and/or Training Session of Council shall not be deemed to be a Meeting of Council and shall not be subject to the rules and regulations applicable to Meetings contained in this By- law. 4.10.2 The Council may decide at a Meeting open to the public to convene an informal gathering of its Members to receive and discuss information or advice of a general nature involving subject matters of interest to the Members, at a time and place designated at that time by the Council. 4.10.3 The Council, in deciding to convene an Education and/or Training Session, shall designate the general purpose or purposes for which the session is to be held. 4.10.4 An Education and/or Training Session may be held at any place designated by the Council at the time at which it makes its decision to convene the session, whether or not within the boundaries of the Municipality or any adjacent municipality. 4.10.5 All Members of Council are entitled to attend at the session, together with the designated staff or consultants retained by the Municipality, but the Council, in deciding to convene the session, may decide to exclude the public therefrom. 4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw- vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Education and/or Training Session. 4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt with during the session and upon conclusion thereof, the notes shall be maintained as a public record under the control of the Clerk which records shall not be subject to section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy Act, as amended. 4.11 Public Notice of Meeting Regular Meetings 4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted on the Municipal Website no later than the second week of the month prior to the commencement of the monthly schedule. 4. 1.2 Public notice of each regularly scheduled Meeting shall be deemed to be given by making the agenda available for viewing on the Municipal Website by 4:00 P.M. on the Friday preceding the regularly scheduled Meeting. Special Meetings 4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on the Municipal Website at least one week prior to the amended Meeting date where practicable to do so. 4. 11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal Website and the Press shall be notified by e-mail not less than twenty-four(24) hours before the time appointed for the Special Meeting. Emergency Special Meetings 4.11.5 Where an Emergency Special Meeting of Council is held in accordance with Section 4.5, notice of the Emergency Special Meeting shall be posted at the Municipal Office and on the Municipal Website, and shall be communicated electronically to the Press as soon as practicable following the Meeting and shall indicate the nature of the business considered at the Emergency Special Meeting. 4.12 Adjournment- Due Hour 4.12.1 Except as provided in Section 10.30, a Regular or Special Meeting of Council shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such other day and time as Council, by resolution, may direct. 4.13 Cancellation of Meeting 4.13.1 The Mayor or the Deputy Mayor, in the Mayor's absence, or the Clerk, in the absence of both the Mayor and Deputy Mayor, may cancel any Meeting of Council if he is of the opinion that weather conditions or an emergency warrant. The Clerk shall inform as many Members as he is able to reach, the media and any persons that are scheduled to be in attendance. 4.13.2 Postponement of the Meeting shall not be for any longer than the next regularly scheduled Meeting of Council of Committee. Section 5- AGENDAS AND MINUTES 5.1 Council Meeting Agenda 5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at the Regular Meetings of Council: 1. Call to Order II. Disclosures of Pecuniary Interest III. Review of Items Not Listed on Agenda IV. Announcements V. Delegations VI. Adoption of Minutes of previous Meeting(s) VII. Motions and Notice of Motion VIII. Recreation, Culture, Tourism and Economic Development a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council IX. Physical Services— Emergency Services a. Correspondence Receive for Information ii. Requiring Action b. Reports to Council X. Development Services—Sustainability and Conservation a. Correspondence Receive for Information ii. Requiring Action b. Reports to Council Xl. Finance and Administration a. Correspondence Receive for Information ii. Requiring Action b. Reports to Council XII. By-laws XIII. Unfinished Business XIV. Other Business XV. By-law to Confirm the Proceedings of Council XVI. Adjournment 5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Regular Council Meeting in question. 5.1.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.2 Statutory Planning Meeting Agenda 5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Statutory Planning Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman's Remarks on the Purpose of the Meeting IV. Purpose and Effect of the Proposed Amendment V. Public Participation VI. Correspondence VII. Other Business VIII. Adjournment 5.2.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Statutory Planning Meeting in question. 5.2.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.3 Committee of Adjustment Meeting Agenda 5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Committee of Adjustment Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman's Remarks on the Purpose of the Meeting IV. Public Participation V. Correspondence VI. Other Business VII. Adjournment 5.3.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Committee of Adjustment Meeting in question. 5.3.3 The business of the Committee of Adjustment shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.4 Court of Revision Meeting Agenda 5.4.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Court of Revision Meeting: Call to Order II. Disclosures of Pecuniary Interest III. Chairman's Remarks on the Purpose of the Meeting IV. Public Participation V. Correspondence VI. Other Business VII. Adjournment 5.4.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Court of Revision Meeting in question. 5.4.3 The business of the Court of Revision shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.5 Public Meeting Agenda 5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Public Meeting: IX. Call to Order X. Disclosures of Pecuniary Interest Xl. Chairman's Remarks on the Purpose of the Meeting XII. Public Participation XIII. Correspondence XIV. Other Business XV. Adjournment 5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Public Meeting in question. 5.5.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.6 Meeting Minutes 5.6.1 The Clerk shall cause the Minutes to be taken of each Meeting of Council whether it is closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting; b) the name of the Presiding Officer or Officers and the record of attendance. of the Members; i. should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted; c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes prior to the Meeting; e) all resolutions, decisions of the Meeting without note or comment. 5.6.2 The Minutes of each Meeting shall be presented to Council for confirmation at the next Regular Meeting of the subject Meeting type. 5.6.3 Where the Minutes have been delivered to the.Members in advance of the Meeting, the Minutes shall not be read, and a resolution that the minutes be approved shall be in order. 5.6.4 Following approval of the Minutes, the Minutes shall be signed by the Mayor and the Clerk. 5.6.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings of Council are posted on the Municipal website and prepared in accordance with Section 5.6 of this Procedural By-law. Section 6- ORDER OF PROCEEDINGS - COUNCIL 6.1 Call to Order 6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Mayor shall take the Chair and call the Members present to order. 6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Deputy Mayor shall preside over the Meeting and s hall exercise all duties and responsibilities of the Mayor as outlined in this Procedural By-law until the Mayor is present at the Meeting and able to perform his responsibility to assume the chair. 6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Clerk shall call the Meeting to order, and the Members present shall appoint a Presiding Member who shall act as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is able to assume the chair. 6.2 Disclosures of Pecuniary Interest 6.2.1 Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 6.2.2 Where the Meeting is not open to the public, in addition to complying with the requirements of Section 6.2.1, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration. 6.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting attended by him after the particular Meeting. 6.3 Presentations/Special Events 6.3.1 At the request of a Member of Council or the Municipality's staff, any person, organization, corporation, or appointed official may be permitted to address the Members to inform them of matters of significance to the Municipality provided that the request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week preceding the Meeting. 6.3.2 Presentations shall include only the following: a) civic recognition /awards; b) presentations by Municipal staff or consultants retained by the Municipality; c) presentations from senior levels of government or other municipal governments. 6.3.3 Municipal audio visual equipment may be used to assist in presentations, provided that permission has been obtained for the use of such equipment from the Clerk at the time the presenter contacts the Clerk to register for the meeting. The presentation material must be provided to the Clerk at least by 9:00 a.m. on the Thursday preceding the Meeting. 6.4 Announcements 6.4.1 During the announcement portion of the Meeting, Members may announce or comment on community events and activities when recognized by the Chair. 6.5 Delegations 6.5.1 See Section 8 6.6 Minutes 6.6.1 Minutes of previous Meetings shall be listed under this section of the Council Agenda. 6.6.2 Previous Meeting Minutes may be disposed of through a single resolution or, alternatively, any Member may request that one or more recommendations contained in the Minutes be separated and voted on separately. 6.7 Motions and Notices of Motion 6.7.1 A Member of Council may file a Motion to be placed on the Council Agenda with the Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council Meeting at which it is to be presented for consideration and dealt with. 6.7.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m. on the Tuesday of the week preceding the Council Meeting at which it is to be presented, of which shall be deliberated at the next Regular Meeting of Council. 6.8 Correspondence 6.8.1 All Correspondence intended to be presented to Council shall be legibly written or printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Clerk before it is presented to Council. 6.8.2 Every item of Correspondence shall be delivered to the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is delegated the authority to direct the item of Correspondence or a summary thereof to the appropriate Agenda. The Clerk shall ensure that a summary of the content of the correspondence is prepared and included in the Agenda and a recommendation for disposal, being either"Receive for Information" or"Requiring Action" is assigned. 6.8.3 Notwithstanding Section 6.8.2, and at the discretion of the Clerk, Correspondence received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an urgent nature or directly relevant to a matter on the Agenda for the Meeting, may be communicated to Council by way of an Addendum to the Agenda including a summary of the content of the Correspondence item. 6.8.4 Upon presentation of a motion and prior to its approval, any item of Correspondence may be the subject of limited discussion. Council may briefly discuss the matter and if consensus is reached, a revised recommendation may be presented. 6.9 Reports to Council 6.9.1 The Reports to Council section of the Council Agenda shall include any report that, due to timing, urgency, the important nature of the report and/or expediency, the Clerk has determined should be considered by Council via an Addendum. 6.10 By-laws 6.10.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law granting authority to borrow under the authority of the Municipal Act, or any by-law arising as the result of an order or decision of any quasi-judicial body, shall be presented to Council unless the subject matter thereof has been considered by Council and has been approved by Council. The Clerk shall prepare and include in the Council Agenda a summary of all By-laws, specifying the title of each By-law. 6.10.2 Every By-law, when introduced, shall be in typewritten form and shall contain no blanks, except such as may be required to conform to accepted procedure or to comply with the provisions of any Act, and shall be complete with the number and date to be affixed. 6.10.3 All by-laws shall be given first and second readings in a single motion, unless a Member wishes to discuss the contents of a specific by-law, at which time the subject by-law shall be removed from the motion and dealt with separately. 6.10.4 When the by-laws are reported with or without amendment, they shall be forthwith given third reading in a single motion at the same Meeting on the affirmative vote of the majority of the Members present and voting. 6.10.5 The Clerk shall endorse on all By-laws enacted by Council, the date of the several readings thereof. 6.10.6 Every By-law which has been enacted by Council shall be numbered and dated, and shall be signed by the Mayor, or his designate, and the Clerk, sealed with the seal of the Municipality and, thereafter, shall be retained under the control of the Clerk. 6.11 Unfinished Business Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of an Agenda matter, shall be disposed of during this portion of the Meeting. 6.12 Other Business 6.12.1 Items of business requiring the direction of Council or a formal resolution will appear under this section in the Agenda. These matters should generally pertain to information items and can include Members' Reports on Advisory Committees. Any proposal to present a Motion must comply with Section 10 of this By-law. 6.13 By-law to Confirm the Proceedings of Council 6.13.1 At the conclusion of all Regular and Special Meetings of Council and prior to Adjournment, a Confirming By-law shall be brought forward to confirm the actions of the Council at that Meeting in respect of each Motion, Resolution and other action taken and a Confirming By-law, when introduced, shall be taken as having been read and shall be voted on without debate. 6.14 Adjournment 6.14.1 See Sections 10.28, Section 10.29 and Section 10.30 6.15 Question Period 6.15.1 Any member of the general public shall be permitted to seek clarification or ask questions through the Chair that are pertinent to the items of business identified on the Agenda for the current Meeting. 6.15.2 The time allowed for each questioner shall not exceed two (2) minutes. 6.15.3 The Question Period shall not form a part of the Minutes. Section 7 - ORDER OF PROCEEDINGS— PUBLIC MEETINGS 7.1 Public Meetings 7.1.2 Public Meetings shall be conducted in the following manner: a) the Chair shall state the purpose of the Public Meeting and shall explain to those present how the Public Meeting shall be conducted; b) a member of the Municipal staff and/or Municipal Consultant shall then address the Council to present the matter to the Council; c) if applicable, the applicant or agent who is present shall then make representation regarding the matter; d) Members of the Committee shall then be given the opportunity to ask questions or seek clarification regarding the matter; and e) members of the public shall then be permitted to make representation regarding the matter. 7.2 Adjournment 7.2.1 See Section 10.28, Section 10.29 and Section 10.30 Section 8 - DELEGATIONS 8.1 Delegations 8.1.1 There shall be no more than four (4) delegations, in total, scheduled for any Regular Meeting of Council unless the Head of Council approves additional delegations no later than forty-eight(48) hours prior to the Regular Meeting. 8.1.2 Persons desiring to verbally present information on matters of fact or to make a request to Council shall give notice, including specific details regarding the subject of their address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting. 8.1.3 Notwithstanding Section 8.1 .2, Council may, at their sole discretion, entertain delegations with less notice as the circumstance may warrant with a two-thirds (2/3) majority. 8.1.4 Notwithstanding Section 8.1.3, a person wishing to present information is not required to give written notice nor be listed on the agenda with respect to a matter before Council for which the public has been given notice of the Public Meeting under the Planning Act, any other Act, or according to Municipal Policy, as required. 8.1.5 Delegations shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of Council Members present. Where a delegation consists of a group of three or more persons, the group may address the Council for no more than fifteen (15) minutes. Where a Delegation wishes to provide Members with written communication, including a petition, supporting the Delegation's comments, the communication shall be provided to the Clerk and may be distributed to the Members at the discretion of the Clerk. 8.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that permission has been obtained for the use of such equipment from the Clerk at the time the presenter(s) contacts the Clerk's Department to register for the meeting. The presentation material must be provided to the Clerk by 9:00 A.M. Thursday the week prior to the scheduled day of the Meeting. 8.1.7 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentary language; c) speak on any subject other than the subject for which they have received approval to address Council; or d) disobey the rules of procedure or a decision of the Chair of Council. 8.1.8 Members of Council shall be permitted to ask questions of delegates only to clarify their submissions or to elicit further information from them that is relevant to their submission. 8.1.9 Council may refuse to hear delegations when, in the opinion of Council, the subject of the presentation is beyond the jurisdiction of the Municipality. 8.2 Petitions 8.2.1 Every petition intended to be presented to Council, shall be legibly written or printed and shall not contain any impertinent or improper matter or language and shall be signed by at least one person and filed with the Clerk. 8.2.2 Every petition shall be delivered to the Clerk not later than Thursday at 9:00 a.m. of the week prior to the Meeting before the commencement of the Meeting of Council and, if in the opinion of the Clerk it contains any impertinent or improper matter or language, the Clerk shall decide whether it should be included in the Agenda. Section 9 - RULES OF DEBATE AND CONDUCT 9.1 Conduct of Members of Council 9.1.1 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; b) use offensive words or unparliamentary language or speak disrespectfully against Council, against any Member or against any officer or employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of Procedure except where the ruling of the Chair is reversed by the Council pursuant to Section 10.23. If a Member persists in any such disobedience after having been called to order, the Chair shall forthwith order that Member to vacate the Council Chambers or room in which the Meeting is being held, but if the Member apologizes, he may, by majority vote of the Members, be permitted to retake his seat; e) speak in a manner that is discriminatory in nature based on an individual's race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; or f) where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person. 9.2 Address the Chair 9.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only. 9.3 Order of Speaking 9.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next recognize in order the other Members. 9.4 Point of Privilege 9.4.1 Where a Member considers that his integrity, the integrity of the Council as a whole, or the integrity of staff has been impugned, the Member may, on a Point of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of Council to the matter. 9.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence over other matters, but the Member shall not be permitted to enter into any argument or introduce any Motion related to the Point of Privilege. 9.4.3 When the Chair considers that the integrity of the Administrator o r a Member of Municipal Staff has been impugned or questioned, the Chair may permit the Administrator or Staff to make a statement to Council. 9.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final. 9.5 Point of Order 9.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair and the Chair shall then decide upon the Point of Order and advise the Member of the decision. 9.6 Appeal of Ruling of Chair 9.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to Council, the decision of the Chair shall be final. 9.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to Council, otherwise the decision of the Chair is final. 9.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by Council, without debate on the following question: "Will the ruling be sustained?", and the decision of Council, is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained. 9.7 Members Speaking 9.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair, or interrupt the Member except to raise a Point of Order 9.8 Question Read 9.8.1 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. 9.9 Speak Once — Reply 9.9.1 No Member shall speak more than once to the same question without leave of Council except that a reply shall be allowed to be made only by a Member who has presented the motion, but not by any Member who has moved an amendment or procedural motion in response to that motion. 9.10 Time Limited 9.10.1 No Member, without leave of Council shall speak to the same question or in reply for longer than five (5) minutes. 9.11 Questions 9.11.1 A Member may ask a question for the purposes of obtaining information relating only to the matter under discussion and such questions must be stated concisely and asked only through the Chair. 9.11.2 Notwithstanding Section 9.11.1 when a Member has been recognized as the next speaker, then immediately before speaking, such Member may ask a question through the Chair to any Member, the Administrator Staff, concerning any matter connected with the business of the Municipality currently under discussion but only for the purpose of obtaining information, following which the Member may speak. Section 10 - MOTIONS Reading 10.1 All motions must be introduced by a mover and a seconder before the Chair may put the question or motion on the floor for consideration. If no Member seconds the motion, the motion shall not be on the floor for consideration and therefore it shall not be recorded in the minutes. 10.2 When a motion is presented in a Meeting, it shall be read in its entirety before debate. 10.3 Notwithstanding Section 10.1, if a motion is printed in the Agenda as either a separate item or as part of a Report, it need not be read in its entirety unless requested to do so by a Member of Council but shall be deemed as read for the purposes of introducing the Motion. Withdrawn 10.4 After a motion is properly moved and seconded, it shall be deemed to be in possession of Council, but may be withdrawn by the mover at any time before decision or amendment. No debate until properly moved and seconded 10.5 No Member shall speak to any motion until it is properly moved and seconded, and the mover is entitled to speak first if the Member so elects. If debated, the question or motion may be read before being put. Motion ruled out of order 10.6 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the Chair shall rule the motion out of order. Not within jurisdiction of Council 10.7 A Motion in respect of a matter which requires the exercise of a legislative power by Council which is not within its jurisdiction shall not be in order at a Meeting of Council. Motions Without Notice and Without Leave 10.8 The following matters and motions may be introduced orally by a Member without written notice and without leave, except as otherwise provided by this Procedural By-law, and shall be decided without debate: a) a point of order or privilege; b) to adjourn; c) to table the question without directions or instructions; d) to suspend the Rules of Procedure; e) to lift from the table; f) to divide the question; g) to refer(without instructions); h) question be now put; and i) to recess. 10.9 The following motions may be introduced orally by a Member without notice and without leave, except as otherwise provided by this Procedural By-law, and may be debated: a) to refer with direction (direction for referral only to be debatable); b) to table with instructions (instructions for tabling only to be debatable); c) to amend; and d) to rescind. Priority of Disposition 10.10A motion properly before Council for decision must be disposed of before any other motion can be received except a motion in respect of matters listed in Sections 10.8 and 10.9. Motion to Amend 10.11 A motion to amend: a) shall be presented in writing if requested by the Chair; b) shall relate to the subject matter of the main motion; c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in re verse order to the order in which the amendments are made. 10.12Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion. Question be now put 10.13 A motion that the question be now put: a) is not debatable cannot be amended b) cannot be proposed when there is an amending motion under c) consideration, except for the purpose of moving that the d) amending motion be put; e) when resolved in the affirmative, requires that the question, motion, amending motion or motion as amended, whichever is under consideration be put forward immediately without debate or amendment; f) can only be moved in the following words, "that the question be now put"; and g) requires an affirmative vote of two-thirds (2/3) of the Members present and voting. Motion to refer or defer/postpone 10.14A motion to refer or to refer back or to defer or to postpone the question may include instructions respecting the terms upon which the question is to be referred or deferred or postponed. 10.15 A motion to refer or to refer back or to defer or to postpone the question shall not be debatable except where instructions are included, in which case, only the instructions shall be debatable. 10.16 A motion to refer or to refer back or to defer or to postpone the question may not be amended except where instructions are included, in which case, only the instructions may be amended in accordance with the provisions in Section 10.15. Motion to table 10.17A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion cannot be amended. 10.18 A motion to table with some condition, opinion, or qualification added to the motion shall be deemed to be a motion to defer or postpone made under Section 10.14, Section 10.15 and Section 10.16. 10.19 The matter tabled shall not be considered again by Council until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting. 10.20 A motion to lift a tabled matter from the table is not subject to debate or amendment. Motion to divide 10.21A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members present and voting. Motion to rescind 10.22A motion to rescind a previous action of Council requires a majority vote of the Members present and voting provided that notice has been given at the previous Meeting or in the Agenda for the Meeting, and in case the aforesaid notice has not been given, the motion to rescind requires a two-thirds (2/3) vote of the Members present and voting. 10.23A motion to rescind is not in order when action has been taken on the order of Council of which it is impossible to revise. The part of an order of Council which has not been acted upon, however, may be rescinded. Reconsideration 10.24A resolution, by-law or any question or matter(except one of indefinite postponement)which has been adopted previously by Council may be reconsidered by Council subject to the following: a) Only a Member who voted thereon with the majority may make a Motion to Reconsider; b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; d) if a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and e) a vote to reconsider a particular matter or decision will not be considered more than once during the term of Council. Motion to recess 10.26A motion to recess shall provide for Council to take a short intermission within a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted. 10.27 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not in order when another motion is on the floor. Motion to Adjourn 10.28 A motion to adjourn is not debatable or amendable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or d) when a Member has indicated to the Chair his desire to speak on the matter before Council. 10.29 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the Council to an end. 10.30 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and c) shall require the support of two-thirds (2/3) of the Members present and voting. Section 11 - VOTING ON MOTIONS 11.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the form introduced and shall do so if required by a Member. 11.2 After a question is finally put by the Chair, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been declared. 11.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 11.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 1.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that question. 11.6 Each Member has only one vote. 11.7 The Chair shall announce the result of every vote. Unrecorded Vote 11.8 The manner of determining the decision of the Council on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise. Recorded Vote 1.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote may be requested by a Member at which time each Member present, except a Member who is disqualified from voting by any Act, shall announce his vote openly and the Clerk shall record his name and his vote on the question. 11.10The order in which Members, present and voting, vote on Recorded Votes shall be: a) Ward Councillors (in ascending numerical order); b) Deputy Mayor; and c) Mayor 11.1 1 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote, the Member shall be deemed and recorded as voting against the question. Section 12 - CONDUCT OF THE AUDIENCE 12.1 Members of the public who constitute the audience in the Council Chamber, or other such place where a Meeting is held in accordance with Section 4 of this Procedural By-law, during a Meeting shall respect the decorum of Council, maintain order and quiet and may not: a) address Council without permission; b) interrupt any speaker or action of the Members or any person addressing Council; c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of the Meeting. 12.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Council Chambers, or any other location in which Council may conduct their business. 12.3 The Mayor or Chair may request that a member or members of the public vacate the Council Chambers or any other location in which Council may conduct their business if their behaviour is deemed to be disruptive to the business at hand. Section 13- ADMINISTRATION 13.1 This By-law shall be administered by the Clerk. 13.2 By-law Number 95-039, as amended shall be repealed in its entirety effective December 4, 2014. 13.3 This By-law shall come into full force and effect on the 4t' day of December, 2014. READ A FIRST, SECOND and THIRD time and finally passed on the 16th day of October, 2014. / /1,L11 MAYO'' CL RK Council Code of Conduct Policy Statement: The purpose and intent of the Council Code of Conduct is to establish standards of conduct for Members of Council in the individual conduct of their official duties. The Code represents general standards. The Code does not replace Council Member's roles, responsibilities, actions and behaviours required by various statues, by-laws and policies. Statements of Principle: A written Code of Conduct helps to ensure that the members of Council share a common basis of acceptable conduct. These standards are designed to supplement the legislative parameters within which the members must operate. These standards are intended to enhance public confidence that the Municipality of Bayham's elected officials operate from a basis of integrity, justice and courtesy. Specific Policy Requirements: Section 1 - Overview 1.1 The Municipality of Bayham Code of Conduct is a general standard that augments the provincial laws and municipal policies and by-laws that govern the members' conduct. Section 2 - Statutory Provisions Regulating CondSac 2.1 This Code of Conduct operates along with and as a supplement to the existing statutes governing the conduct of members. Six pieces of provincial legislation govern the conduct of members of Council those being: a) Municipal Act, 2001, S.O. 2001, c. 25; b) Municipal Conflict of Interest Act, R.S.O 1990, c.M. 50; c) Municipal Freedom of Information and Protection of Privacy Act, R.S.). 1990, c.M. 56; d) Municipal Elections Act, 1996, S.O. 1996, c. 32; e) The Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace)2009; and f) Human Rights Code. 2.2 The Municipality of Bayham Procedural By-law addresses the conduct of Council during a Council meeting. 2.3 The Criminal Code of Canada also governs the conduct of members. ,Section 3 - Application 3.1 This Code of Conduct and the references within it, shall apply to all members of the Council of the Corporation of the Municipality of Bayham. Section 4- Definitions 4.1 For the purpose of this Code of Conduct, a) "Child" shall mean a child born within or outside a marriage and includes an adopted child and a person whom a parent has demonstrated a settled intention to treat as a child of his or her family or as defined under the current Municipal Conflict of Interest Act as amended from time to time. b) "Municipal Property" shall mean items, services or resources which are the property of the Municipality including but not limited to: materials, equipment, vehicles, facilities, technology, Municipality- developed computer programs of technological innovations, databases, intellectual property, Municipality-owned images, logos, coat of arms, and supplies. c) "Code" shall mean this Code of Conduct as it applies to members of Council. d) "Complaint" shall mean an alleged contravention of this Code e) "Confidential Information" shall include information in the possession of the Municipality that the Municipality is either prohibited from disclosing, or is required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties of a corporate, commercial, scientific or technical nature, information that is subject to solicitor-client privilege and information that is deemed to be personal information. Under MFIPPA, "personal information" means recorded information about an identifiable individual, including: i) Information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual; ii) Information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; iii) Any identifying number, symbol or other particular assigned to the individual; iv) The address, telephone number, fingerprints or blood type of the individual; v) The personal opinions or views of the individual except if they relate to another individual; vi) Correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; vii) The views or opinions of another individual about the individual; and viii) The individual's name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual. It also means any information that is of a personal nature to Municipality employees or clients or information that is not available to the public and that, if disclosed, could result in loss or damage to the Corporation or could give the person to whom it is disclosed an advantage. Confidential information includes, but is not limited to the following information: i) Disclosed or discussed at a Closed Session meeting of Council; ii) That is circulated to Members of Council and marked "Confidential"; and iii) That is given verbally in confidence in preparation of or following a meeting that is closed to the public and includes, but is not limited to the following types of information: 1. Personal matters about an identifiable individual(s); 2. Information about suppliers provided for evaluation which might be useful to other suppliers; 3. Matters relating to legal affairs of the Municipality; sources of complaints where the identity of the complainant is given in confidence; items under negotiations; and 4. Matters identified as solicitor-client privileged. h) "Employee" shall mean a person employed by the Corporation of the Municipality of Bayham including those employed on a personal services contract, and volunteers, but does not include Members. i) "Frivolous" shall mean something that is not worthy of serious consideration, or that is of little or no importance, due to its lack of seriousness or sense. j) "Gifts and Benefits" shall mean any cash or monetary equivalent, fee, object of value, service, travel and accommodation, or entertainment. k) "Good Faith" shall mean in accordance with standards of honesty, trust and sincerity. I) "Hospitality" shall mean instances where there is entertainment of or by outside parties for the furtherance of municipal business. m) "In-law" shall mean a relative by marriage. n) "Office" shall mean the authority and duties attached to the position of being an elected member of Council. o) "Official Duties" shall mean the public duties of a Member and includes functions performed by Members necessary to demonstrate responsible and accountable government with respect to matters within the Municipality's jurisdiction, and which are done for the purpose of providing good government with respect to those matters. p) "Parent" shall mean a person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that person is the natural parent of the child or as defined under the current Municipal Conflict of Interest Act as amended from time to time. q) "Pecuniary Interests" shall include interests that have a direct or indirect financial impact or as defined under the current Municipal Conflict of Interest Act as amended from time to time they include: i) Any matter in which the member has a financial interest; ii) Any matter in which the member is a shareholder, director or senior officer of or holds a controlling interest in a corporation that does or does not offer its securities to the public, and such corporation has a financial interest; iii) Any matter in which the member is a partner of a person or is in the employment of a person that has a financial interest; and iv) Any matter in which a parent, spouse or any child of the member has a financial interest, if known to the member. x) "Personal Benefit" shall mean forms of advantage other than financial such as seeking an appointment, promotion or transfer within the Corporation on behalf of a family member and includes the private interests of a Member. y} "Private Interest" shall mean all of the activities of a Member not included in the term defined as "Official Duties". z) "Sibling" shall mean one of two or more children having one or both parents in common; a brother or sister. a a) "Spouse" shall mean a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage or as defined in the current Conflict of Interest Act as defined from time to time. b b) "Vexatious" shall mean without reasonable or probable cause or excuse. Section 5 - General Standards of Conduct 5.1. Members are responsible for making honest statements. No member shall make a statement when they know that statement is false. No member shall make a statement with the intent to mislead Council or members of the public. 5.2 Members shall at all times serve and be seen to serve their constituents in a conscientious and diligent manner. 5.3 Members will conduct their dealings with each other in ways that maintain public confidence in the office to which they have been elected, are open and honest, focus on issues rather than personalities, avoid aggressive, offensive or abusive conduct. 5.4 Members should be committed to performing their functions with integrity, accountability and transparency. 5.5 Members shall perform official duties and arrange their public affairs in a temperate and abstemious manner that promotes public confidence and respect and will bear close public scrutiny. 5.6 It shall be the duty of all Members to abide by all applicable legislation, policies and procedures pertaining to their position as a Member. 5.7 Members shall not engage in any activity, financial or otherwise, which is incompatible or inconsistent with the ethical discharge of Official Duties to the Municipality. 5.8 Every Member in exercising his powers and in discharging his Official Duties shall, in accordance with the Municipal Act, 2001, and Municipal Conflict of Interest Act: a) Seek to advance the common good of the Municipality of Bayham; b) Truly, faithfully and impartially exercise his office to the best of his knowledge and ability; c) Exercise care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; d) Exercise his powers only for the purpose for which they were intended; and e) Competently exercise his office by educating himself either formally or informally, in matters pertaining to his official duties. Responsibilities of Council 5.9 Council as a whole has the authority to approve budget, policy or processes, including the structures and procedures for committees. Authority to act on behalf of Council, including through a committee, can only be delegated by Council or through law. 5.10 Council is responsible for and dedicated to providing good and effective government for the public in an open, accountable and transparent manner. 5.11 A fiduciary relationship exists between the Council and inhabitants of the municipality. 5.12 In addition to the responsibilities outlined in the Procedural By-law Members of Council: a) May not impugn or malign a debate or decision or otherwise erode the authority of Council; b) When appointed to committees and other bodies as part of their duties must make every effort to participate diligently in these bodies with good faith and care; c) Must uphold the law and conduct themselves with the highest degree of ethical behaviour and integrity; d) Must avoid conflict of interest; e) Must seek to advance the public interest with honesty and treat members of the public with dignity, understanding and respect; f) May not make statements known to be false or make a statement with the intent to mislead Council or the public; g) Are responsible in this Code for the actions of their staff, volunteers, agents or other representatives working on their behalf. Section 6 - Respect for Decision Making Process 6.1 Members shall accurately and adequately communicate the decisions of Council such that respect for the decision and decision-making process is fostered. 6.2 Members shall not attempt directly or indirectly, to influence the decision-making process, as it relates to the award of contracts or settlement of claims. This includes but is not limited to direct or indirect personal contact or interaction with the parties administering or directly involved in such processes. Section 7 -Avoidance of Waste 7.1 Members shall avoid waste, abuse and extravagance in the provision or use of public resources or any other Municipality Property. Section 8 - Gifts and Benefits 8.1 No member shall accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his duties of office, unless permitted by the exceptions listed below. 8.2 For these purposes, a fee or advance, gift or benefit provided with the member's knowledge to a member's spouse, child, parent, brother, sister, father-in-law, mother-in-law, sister-in- law and brother-in-law that is connected directly or indirectly to the performance of the member's duties is deemed to be a gift to that member. 8.3 The following are recognized as exceptions: a) Compensation or benefit authorized by Council; b) Such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation; c) A political contribution otherwise reported by law; d) Services provided without compensation by persons volunteering their time; e) A suitable memento of a function honouring the member; f) Food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them, by the federal government or by a foreign government within a foreign country; g) Food and beverages consumed at banquets, receptions or similar events, if: i) Attendance serves a legitimate business purpose; ii) The Person extending the invitation or a representation of the organization is in attendance;and iii) The value is reasonable and the invitations infrequent. h) Communication to the offices of a member, including unpaid subscriptions to newspapers and periodicals. 8.4 Except in the case of category a) or f), a member may not accept a gift or benefit worth in excess of$250 or gifts and benefits from one source during a calendar year worth in excess of $250. Section 9: Confidential Information 9.1 No member shall disclose or release by any means to any member of the public, or in any way divulge any confidential information, including personal information or any aspect of deliberations acquired by virtue of their office, in either oral or written form, except when required by law or authorized by Council resolution to do so. 9.2 Members shall not release information subject to solicitor-client privilege, unless expressly authorized by Council or required by law to do so. 9.3 Nor shall members use confidential information including information that they have knowledge of by virtue of their position that is not in the public domain, including e-mails and correspondence from other Members, or third parties, for personal or private gain, or for the gain of relatives or any person or corporation or cause detriment to the Municipality, Council or others. 9.4 Confidential information includes information in the possession of the Municipality that the Municipality is either prohibited from disclosing, or is required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act(MFIPPA), or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties of a corporate, commercial, scientific or technical nature, information that is personal, and information that is subject to solicitor-client privilege. Members shall not disclose, use or release information in contravention of applicable privacy law. 9.5 The Municipal Act, 2001, permits information that concerns personal matters, labour relations, litigation, property acquisitions/dispositions, the security of the property of the Municipality or a local board, and matters authorized in other legislation, to remain confidential. For the purposes of the Code of Conduct, "confidential information" also includes this type of information. 9.6 Under the Municipality of Bayham Procedural By-law as amended from time to time a matter that has been discussed at an in-camera meeting remains confidential. Members have a duty to hold information received at closed meetings in strict confidence for as long and as broadly as the confidence applies. Members shall not either directly or indirectly, release, make public or in any way divulge the content of any such matter, or the substance of deliberations, of the in-camera meeting including memorandums and staff reports that are distributed for consideration during the in-camera meeting to anyone, unless specifically authorized by Municipality Council resolution or required by law. 9.7 Examples of the types of information that a member of Council must keep confidential include but are not limited to the following: a) Items under litigation, negotiation, or personnel matters; b) Information that infringes on the rights of others (e.g., sources of complaints); c) Price schedules in contract tender or Request For Proposal submissions if so specified; d) Information deemed to be "personal information" under the Municipal Conflict of Interest Act; and e) Statistical data required by law not to be released (e.g. certain census or assessment data). f) Members of Council shall not access or attempt to gain access to confidential information in the custody of the Municipality unless it is necessary for the performance of their duties and not prohibited by Council policy. 9.8 Members are only entitled to information in the possession of the Municipality that is relevant to matters before the Council or a committee. Otherwise, they enjoy the same level of access rights to information as any other member of the community and must follow the same processes as any private citizen. As one example, no member should have access to documents or receive any information related to a particular procurement process while the process is ongoing. Section 10 - Use Of Municipality Property. Services and Other Resources 10.1 No member of Council shall use, or permit the use of Municipal Property, including land, facilities, equipment, supplies, services, staff or other resources (for example, Municipal- owned materials, computers, networks, websites, Corporate transportation) for activities other than the business of the Corporation. Nor should any member obtain personal benefit or financial gain from the use or sale of Municipal Property, including Municipal-developed intellectual property (for example, inventions, creative writings, computer programs and drawings), technical innovations, Municipal owned images, logos, coat of arms, or other items capable of being patented, since all such property remains exclusively that of the Municipal. 10.2 Members shall conduct themselves in accordance with the provisions of the Municipality of Bayham Technology Use Policy. The Municipality of Bayham licenses the use of computer software from a variety of vendors. The Municipality of Bayham does not own the software or its documentation. Software is normally copyrighted, and no individual may copy or distribute the software unless expressly permitted to do so under the applicable licence. This policy applies to the use of blackberries, personal computers, fax machines, printers, etc. 10.3 Members shall conduct themselves in accordance with the Municipality of Bayham's Use of Corporate Resources for Election Purposes Policy Section 11 - Election Campaign Work 11.1 Members are required to follow the provisions of the Municipal Elections Act, 1996 and Council's Policy with respect to the Use of Corporate Resources for Election Purposes. 11.2 No member shall use the facilities, equipment, supplies, services or other resources of the Municipality (including Councillor newsletters and Councillor websites linked through the Municipality's website) for any election campaign or campaign-related activities. No member shall undertake campaign-related activities on Municipal property. No member shall use the services of persons during hours in which those persons receive any compensation from the Municipality. Section 12 - Municipal Conflict Of Interest Act 12.1 Members shall conduct themselves in accordance with the Municipal Conflict of Interest Act as amended from time to time. Section 13 - Improper Use of Influence 13.1 No Member shall use the influence of his office for any purpose other than for the exercise of his official duties. 13.2 Examples of prohibited conduct are the use of one's status as a Member to improperly influence the decision of another person to the private advantage of oneself, or one's parents, children or spouse, staff members, friends, or associates (business or otherwise). This would include attempts to secure preferential treatment beyond activities in which members normally engage on behalf of their constituents as part of their official duties. Also prohibited is the holding out of the prospect or promise of future advantage through a member's supposed influence within Council in return for present actions or inaction. 13.3 For the purposes of this provision "private advantage" does not include a matter: a) That is of general application; b) That affects a member of Council, his or her parents, children or spouse, staff members, friends, or associates, business or otherwise as one of a broad class of persons; or c) That concerns the remuneration or benefits of a member of Council as authorized by Council. Section 14- Business Relations 14.1 No member shall act as a paid agent before Council except in compliance with the terms of the Municipal Conflict of Interest Act as amended from time to time. 14.2 A member shall not refer a third party to a person, partnership, or corporation in exchange for payment or other personal benefit. Section 15- Expenses 15.1 Members shall comply with the provisions of the Council Reimbursement of Expenses Policy as amended from time to time. Section 16 - Conduct Respecting Current and Prospective Employment 16.1 No member shall allow the prospect of his future employment by a person or entity to detrimentally affect the performance of his duties to the Municipality. Section 17 - Conduct at Meetinas of Council 17.1 Members shall conduct themselves with decorum at Council meetings in accordance with the provisions of the Municipality of Bayham's Procedural By-law. Section 18 - Conduct Respecting Staff 18.1 Mutual respect and cooperation are required to achieve the Council's corporate goals and implement the Council's strategic priorities through the work of staff. 18.2 Employees have an obligation to recognize that members of Council have been duly elected to serve the residents of Bayham and respect the role of Council in directing the actions of the Municipality. 18.3 Employees serve Council and work for the municipal corporation under the direction of the Administrator. Council directs staff through its decisions as recorded in the minutes and resolutions of Council. Members have no individual capacity to direct members of staff to carry out particular functions. 18.4 Inquiries of staff from Members should be directed to the Administrator. 18.5 Only Council as a whole and no single member including the Mayor has the authority to direct staff, approve budget, policy, committee processes and other such matters, unless specifically authorized by Council. 18.6 Members shall be respectful of the role of staff to advise based on political neutrality and objectivity and without undue influence from any individual member or faction of the Council. Accordingly, no member shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of staff, and all members shall show respect for the professional capacities of the staff of the Municipality. 18.7 Employees have a duty and obligation to act impartially, and in accordance with prescribed regulations or standards of conduct. Similarly, Employees with professional qualifications have an additional duty and obligation to act in accordance with standards of conduct prescribed for their profession. Members shall refrain from any conduct which may deter, interfere or unduly influence Employees in the performance of such duties and obligations. 18.8 No member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities. Nor shall any member use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any staff member with the intent of interfering with that person's duties, including the duty to disclose improper activity. 18.9 In practical terms, there are distinct and specialized roles carried out by Council as a whole and by Councillors when performing their other roles. The key requirements of these roles are captured in the Code of Conduct and include dealing with constituents and the general public and participating as Council representatives on agencies, boards, commissions and other bodies. Similarly, there are distinct and specialized roles expected of Municipal staff in both the carrying out of their responsibilities and in dealing with the Council. Section 19 - Discreditable Conduct (Interpersonal Behaviours] 19.1 All members of Council have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation. All members of Council shall ensure that their work environment is free from discrimination and of personal and sexual harassment. 19.2 The Ontario Human Rights Code applies, as does the Municipality of Bayham's Workplace Human Rights Program, Code of Conduct for Employees and Violence in the Workplace Program addressing a Harassment-free and Discrimination-free Workplace adopted by Council. 19.3 Members shall abide by the provisions of the Human Rights Code, as amended, and, in doing so, shall treat every person, including other Members, employees, individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect. 19.4 In accordance with the Human Rights Code, as amended, Members shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, or disability.. 19.5 In accordance with the Human Rights Code, as amended, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. 19.6 Without limiting the generality of the foregoing, Members shall not: a) Make inappropriate comments or gestures to or about an individual where such conduct is known or ought reasonably to be known to be offensive to the person(s) to whom they are directed or are about; b) Display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; c) Make threats or engage in any abusive activity or course of conduct towards others; d) Vandalize the personal property of others; e) Commit assault of any kind, including making unwanted physical contact, including touching, patting, or pinching; or f) Refuse to converse or interact with anyone based on any ground listed in the Human Rights Code, as amended. 19.7 Harassment which occurs in the course of, or is related to, the performance of Official Duties by Members is subject to this Code. If an Employee or a member of the public brings forward a harassment complaint against a Member, the complaint procedure under the Municipality's (or Local Board's, where applicable) Human Rights Program/Harassment Policy will apply. In all other cases involving a Member, complaints will be addressed in accordance with sections below. Section 20 - Failure to Adhere To Council Policies and Procedures 20.1 A number of the provisions of this Code of Conduct incorporate policies and procedures adopted by Council. More generally, Members are required to observe the terms of all policies and procedures established by Municipality Council. 20.2 This provision does not prevent a Member from requesting that Council grant an exemption from a policy. Section 21 - Reprisals and Obstruction 21.1 Members of Council shall respect the integrity of the Code of Conduct. Any reprisal or threat of reprisal against a complainant or anyone for providing relevant information pursuant to the Code of Conduct is therefore prohibited. It is also a violation of the Code of Conduct to obstruct the Mayor, designate and/or Administrator in the carrying out of his responsibilities, as, for example, providing inaccurate or misleading information to the Mayor, designate and/or Administrator, refusing to answer inquiries or by the destruction of (records) documents or the erasing of electronic communications. Section 22: Actino On Advice of the Mayor. Designate and/or Administrator 22.1 Any written advice given by the Mayor, Designate and/or Administrator to a member binds the Mayor, Designate and/or Administrator in any subsequent consideration of the conduct of the member in the same matter as long as all the relevant facts known to the member were disclosed to the Mayor, Designate and/or Administrator, and the information or facts have not changed in the interim. Section 23 - Compliance with the Code of Conduct 23.1 Members of Council are accountable to the public through the four-year election process. Between elections they may, for example, become disqualified and lose their seat if convicted of an offence under the Criminal Code of Canada or for failing to declare a conflict of personal interest under the Municipal Conflict of Interest Act. 23.2 In addition to any other consequence imposed by law, Members found to have breached this Code may be subject to discipline, including return of a gift or benefit, removal from a Local Board or committee, loss of Chairmanship, removal from a Local Board or committee, censure, a reprimand or, where applicable, suspension of remuneration paid for his services as a Member, for a period of up to ninety(90)days. 23.3 The Council shall appoint the Mayor, Designate and/or Administrator to investigate alleged breaches of this Code and shall have unfettered access to legal assistance. 23.4 Any individual, including members of the public, Municipal employees, and members of Council, who has reasonable grounds to believe that a Member has breached a provision of the Code, may proceed with a complaint. 23.5 An organization, Employee, Member or member of the public having reasonable grounds to believe that a Member has breached this Code, may proceed with a complaint. Complaints must be submitted within six weeks of the matter becoming known to the individual and no more than six months after the alleged violation occurring. No action will be taken on a complaint received beyond these deadlines. 23.6 A complainant does not have to pursue the informal complaint process set out in section 24.1 prior to proceeding with the formal complaint process set out in section 24.2. Section 24— Procedure- Complaints Informal Complaints 24.1 Any individual who has identified or witnessed behaviour or activity by a member that appears to be in contravention of the Code may address their concerns in the following manner: a) Advise the member that their behaviour or activity contravenes the Code; b) Encourage the member to stop the prohibited behaviour or activity; c) If applicable, confirm to the member your satisfaction or dissatisfaction with his response to the concern identified; d) Keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. e) If not satisfied with the response received through the informal process, an individual may proceed with a formal complaint through the Mayor, Designate and/or Administrator as outlined in section 24.2. Formal Complaints 24.2 Any individual who has identified or witnessed behaviour or activity by a member that appears to be in contravention of the Code may address their concerns through the formal complaint process set out below. a) All formal complaints must be made using the Municipality's Complaints Form/Affidavit (see Appendix "A") and shall be dated and signed by the complainant; b) The complaint must include an explanation as to why the issue raised may be a contravention of the Code and any evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) Any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) The Complaint Form/Affidavit must include the name of the member alleged to have breached the Code, the section of the Code allegedly contravened, the date, time and location of the alleged contravention and any other information as required on the Complaint Form/Affidavit; e) The complaint shall be filed with the Mayor, Designate and/or Administrator who shall confirm that the information is complete as to a), b), c) and d) of this section. The Mayor, Designate and/or Administrator will determine whether the matter is, on its face, a complaint with respect to non-compliance with the Code and not covered by other legislation or policies; and f) The Mayor, Designate and/or Administrator may request additional information from the complainant. Response of Mayor, Designate and/or Administrator of Complaint Outside Jurisdiction 24.3 If the complaint received by the Mayor, Designate and/or Administrator is deemed not to be a complaint with respect to non-compliance with the Code, the Mayor, Designate and/or Administrator shall advise the complainant in writing as follows: a) Criminal Matter — if the complaint is an allegation of a criminal nature consistent with the Criminal Code of Canada, the complainant shall be advised that pursuit of such an allegation must be made through the appropriate police service; b) Municipal Conflict of Interest — if the complaint is an allegation with respect to matters under the Municipal Conflict of Interest Act, the complainant shall be advised to review the matter with their own legal counsel; c) Municipal Freedom of Information and Protection of Privacy — if the complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be referred to the Clerk to have the matter reviewed under that Act; and d) Discrimination or Harassment — if the complaint is an allegation of discrimination or harassment, the complainant shall be advised to file a complaint directly to the Administrator under the Municipality of Bayham's Human Rights Program. The complainant will also be advised of his or her right to advance an application to the Ontario Human Rights Tribunal. 24.4 If the matter is covered by other policies with a complaint procedure or legislation, the complainant will be advised and directed to proceed in a manner as considered appropriate by the Mayor, Designate and/or Administrator. Refusal to Conduct an Investigation 24.5 if upon review of a complaint, the Mayor, Designate and/or Administrator is of the opinion that the complaint is frivolous, vexatious or not made in good faith, or that there are no or insufficient grounds for an investigation, the Mayor, Designate and/or Administrator will not conduct an investigation and shall communicate this position in writing to the complainant and the member identified in the Complaint Form/Affidavit. Opportunity for Resolution 24.6 If at any time, following the receipt of a formal complaint or during the investigation process, the Mayor, Designate and/or Administrator believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the member agree, efforts may be made to achieve an informal resolution. Section 25 - Investiaation 25.1 If the Mayor, Designate and/or Administrator determines that a formal investigation is required he shall proceed in the following manner, subject to the Mayor, Designate and/or Administrator's ability to elect to exercise the powers of a commissioner under Parts I and II of the Public Inquiries Act. 25.2 The Mayor, Designate and/or Administrator shall provide a copy of the complaint and any supporting materials to the member whose conduct is in question with a request that a written response to the allegation be provided to the Mayor, Designate and/or Administrator within fourteen days. 25.3 The Mayor, Designate and/or Administrator shall give a copy of the response provided by the member to the complainant with a request for a written reply within fourteen days. 25.4 If necessary, after reviewing the submitted materials, the Mayor, Designate and/or Administrator may speak to anyone, access and examine any other documents or electronic materials, and may enter any Municipal work location relevant to the complaint for the purpose of investigation and potential resolution. 25.5 The Mayor, Designate and/or Administrator may make interim reports to Council where necessary and as required to address any issues of interference, obstruction, delay or retaliation encountered during the investigation. 25.6 At any time the complainant may abandon the request for an investigation and the Mayor, Designate and/or Administrator will cease his investigation. Section 26- Recommendation Report 26.1 Upon completion of an investigation, the Mayor, Designate and/or Administrator shall report to the complainant and the member on the results of his review within ninety days of receiving a complete Complaint Form/Affidavit. If the investigation process is going to take more than ninety days, the Mayor, Designate and/or Administrator shall provide an interim report to the complainant and member indicating when the complete report will be available. 26.2 If during the investigation process, the complaint is withdrawn, sustained or resolved, the Mayor, Designate and/or Administrator shall report to Council outlining the findings, the terms of any resolution and any recommended action within thirty days. 26.3 If upon completion of the investigation the Mayor, Designate and/or Administrator finds that a breach of the Code has occurred, the Commissioner shall report his findings to Council including a recommendation as to the imposition of a penalty as set out in the Municipal Act of: a reprimand; suspension of remuneration paid to the member for a period of up to ninety days. 26.4 if upon completion of the investigation, the Mayor, Designate and/or Administrator finds that there has been no contravention of the Code, or that a contravention occurred, however, the member took all reasonable measures to prevent it, or the contravention committed was trivial or committed through inadvertence or an error of judgment made in good faith, the Mayor, Designate and/or Administrator shall set this out in its report to Council. Section 27 - Dub/of Council 27.1 The Council shall consider the report of the Mayor, Designate and/or Administrator within 30 days of it being received by the Clerk and shall take the action it considers appropriate with regard to the recommendation(s) of the Mayor, Designate and/or Administrator. 27.2 In circumstances where the alleged breach of trust or other misconduct is serious in nature, Council may pass a resolution, pursuant to the Municipal Act, 2001, requesting a judicial investigation into the Member's conduct. No Complaints or Reports Prior to Election 27.3 No complaint regarding a Member who is a candidate in an election may be referred to the Mayor, Designate and/or Administrator for review and/or investigation between Nomination Day and the date of the inaugural meeting of Council in any year in which a regular municipal election will be held. Any complaint received after Nomination Day shall be deemed received by the Mayor, Designate and/or Administrator on December 1 in a regular election year and the complainant shall be so advised of this process. The time elapsed between Nomination Day in a regular election year and the inaugural meeting of the newly elected Council shall not be included in the time calculation previously referred to. 27.4 The Mayor, Designate and/or Administrator shall not make any report to Council or any other person after the regularly scheduled Council meeting in any year in which a regular municipal election is to be held. 27.5 Any reports would proceed to the first Council meeting held after the inaugural meeting of the new Council. Section 28 - Confidentiality of Complaint Documents 28.1 The Mayor, Designate and/or Administrator and every person acting under his instructions shall preserve the confidentiality of all documents, material or other information, whether belonging to the Municipality or not, that come into their possession or to their knowledge during the course of their duties as required by section 223.5 of the Municipal Act. 28.2 Pursuant to section 223.5(3) of the Municipal Act, this section prevails over the Municipal Freedom of Information and Protection of Privacy Act. 28.3 If the Mayor, Designate and/or Administrator reports to the Council on an investigation into an alleged breach of the Code, the report shall only disclose such information that in the Mayor, Designate and/or Administrator's opinion is required for the purposes of the report. 28.4 If the Mayor, Designate and/or Administrator issues an annual or other periodic report to Council on his activities, the Mayor, Designate and/or Administrator shall summarize the advice he has given but shall not disclose confidential information that could identify a person concerned. Section 29- Other Duties of the Mayor. Desianate and/or Administrator 29.1 In addition, to conducting investigations regarding alleged breaches of the Code, the Mayor, Designate and/or Administrator shall have the following responsibilities: a) Provide information to Council as to their obligations under the Code; b) Provide advice to individual members regarding specific situations as they relate to the application of the Code; c) Provide advice to Council on other policies and procedures that relate to the ethical behavior of members; d) Provide general advice on conflict of interest issues noting that this advice may not be used in defense of allegations related to conflict of interest; and e) Provide information to the public regarding the Code and the obligations of members under the Code. SIGNATURE The undersigned Member of Council hereby acknowledges that they have received a copy of the Code of Conduct and are bound by the provisions of the same. Signature of Member of Council Date Printed Name Appendix"A" Formal Complaint Form I Affidavit (full name) of the (Municipality) inthe Province of Ontario do solemnly swear/(affirm and declare)that the following contents of this affidavit as subscribed are true and correct: Permanent place of residence: Mailing address(if different from above): I have personal knowledge of the facts as set out in this Affidavit because (insert reasons e.g. I work for... I attended a meeting at which... etc.) I have reasonable and probable grounds to believe that (specify name of member)has contravened section (s) of the Council Code of Conduct of the Municipality of Bayham. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please use the attached Schedule A form and check the appropriate box below. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B etc. and attach them to this affidavit.) ❑ Please see the attached Schedule A This affidavit is made for the purpose of requesting that this matter be reviewed by the Municipality of Bayham appointed Mayor, Designate and/or Administrator and for no other purpose. Identification#(of Identification provided) Sworn (or Affirmed) before me at the Municipality of Bayham, in the County of Simcoe, in the Province of Ontario on the day of etc. A Commissioner, Signature (to be witnessed by Commissioner) Note: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been conducted by this authority to confirm or verify the above sworn information. THE CRIMINAL CODE OF CANADA provides that: everyone commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years (Section 131, 132), or by summary conviction (Section 134). Signing a false affidavit may expose you to prosecution under Sections 131 and 132 or 134 of the Criminal Code, R.S.C. 1985 c. C-46 and also to civil liability for defamation. Page of_ Schedule A (Additional Information) To the affidavit required under subsection 25.2 of the Procedure— Formal Complaint of the Council Code of Conduct. (If more than one page is required, please photocopy this blank page and mark each additional page as 2 of 2, 2 of 3, etc. at the top right corner.) This Schedule A referred to in the Affidavit of (full name) Sworn (or Affirmed) before me on this day of A Commissioner for taking affidavits, etc.